IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2101 of 2002 RAMA SHARMA, W/O SRI SIDHNATH SHARMA, R/O MOHALLA-RAGHU NATH TOLA, ANISHABAD, P.S.- GARDANIBAG, DISTRICT-PATNA AT PRESENT WORKING AS ASSISTANT TEACHER IN KANYA MIDDLE SCHOOL, AMLA TOLA, P.S.-GARDANIBAGH, DISTRICT-PATNA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. ……………RESPONDENTS. ----------- 8 21.04.2010 Pursuant to the earlier orders of this Court, the District Superintendent of Education, Patna is present in Court. He has filed the show cause. It is stated in the show cause that in advertently by mistake he could not realize the importance of the communication sent to him from the office of the learned counsel for the State. However, in paragraph 7 he has stated that this mistake will not recur again and all assistants in his office have been strictly directed that in future all communications received in the matters pertaining to the High Court be immediately brought to his notice so that further needful action in the matter can promptly be undertaken. In view of this assurance given by the District Superintendent of Education, Patna in 2 his show cause, the same is accepted. A counter affidavit has been filed in this case. It is stated in the counter affidavit that earlier a final gradation list had been prepared in which the position of the petitioner was at serial no. 811. However, in view of the order dated 21.4.2009 passed by a Division Bench of this Court in LPA nos. 985/96, 1137/06 and 1138/96 a fresh gradation list is being prepared which shall be finalized. It is stated that in the provisional gradation list prepared in the light of the orders of this Court the petitioner’s name figures at serial no. 537. However, it is admitted that objections have been invited against the provisional gradation list and after considering the same the list will be finalized in terms of the orders passed by the Division Bench. Petitioner’s grievance is that without finalizing the gradation list the impugned order (Annexure-1) has been passed and alleged excess amount paid to the petitioner has been ordered to be recovered. Learned counsel for the petitioner has drawn the attention of this Court to an order 3 passed in the writ application of the petitioner along with the other cases as contained in Anneure-7. The said writ application was disposed of in terms of the order passed by a Division Bench of this Court in CWJC No. 5847 of 1992. The order of the said Division Bench is annexed as Annexure-8. The said order shows that the directions had been issued to the respondents to prepare a final gradation list and thereafter the District Education Establishment Committee was to take final decision in respect of promotion of the incumbents. The Division Bench had also passed orders that there shall be no recovery from the petitioner till the District Education Establishment Committee takes a final decision. It was also observed that once the decision is taken by the Committee the respondents shall be at liberty to recover the excess amount paid from the salary of the concerned incumbents. The said order applies to petitioner also in view of the orders passed in the writ application of the petitioner as contained in Annexure-7. Admittedly, fresh final gradation list has not been finalized as yet in terms of the 4 orders passed by this Court in the said L.P.As. Therefore, this writ application is disposed of with a direction to the respondents to prepare and finalize the gradation list and place it before the District Education Establishment Committee for decision in respect of the promotions in terms of the orders passed by the Division Bench. In case, the District Education Establishment Committee finds that petitioner was not entitled to promotion the respondents shall be at liberty to recover the excess amount paid to the petitioner. However, till then the order of recovery, as contained in Annexure-1, shall remain stayed. The writ application is, accordingly, disposed of. Arvind/ (J. N. Singh, J.)