IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1786 of 2011 In Civil Writ Jurisdiction Case No. 11758 of 2005 With Interlocutory Application No. 8102 of 2011 In Letters Patent Appeal No.1786 of 2011. ====================================================== Rangi Ram @ Rangilal Ram, S/o Late Thag Ram, R/o Village - Narainpur, P.S. and P.O. - Kuchaikote, District- Gopalganj .... .... Petitioner / Appellant Versus 1. The State of Bihar 2. Director, Primary Education, Government of Bihar, Patna 3. District Superintendent of Education, Gopalganj 4. District Education Officer, Gopalganj 5. Kanhaiya Ram, S/o (Not known), R/o Village - Tari, P.S. - Mahnadpur, P.O.- Mahnadpur, District- Gopalganj .... .... Respondents / Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Arbind Kumar Singh, Advocate. For the Respondent/s : --- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 01-12-2011 Re. I.A. No. 8102 of 2011. This application under Section 5 of the Limitation Act is filed by the appellant for condonation of delay of 224 days occurred in filing the Letters Patent Appeal. It is the claim of the appellant that he was not aware Patna High Court LPA No.1786 of 2011 (3) dt.01-12-2011 2 / 3 2 of the decision in CWJC No. 11758 of 2005. Therefore, the delay. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Re. LPA No. 1786 of 2011. Feeling aggrieved by the order dated 4th February 2011 made by the learned single Judge in above CWJC No. 11758 of 2005, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. In the writ petition filed in 2005, the petitioner had prayed for two-fold reliefs. The petitioner sought promotion to the post of Headmaster and the revision of pay in the scale of trained graduate. Learned single Judge has rejected the claims. Therefore, this Appeal. It appears that by order dated 6th May 1976, the appellant was employed as a Matric Untrained Teacher. Learned Advocate Mr. Arbind Kumar Singh has appeared for the appellant. He has submitted that the appellant acquired higher qualification of graduation and also training as a teacher. He, therefore, claims that the appellant be given the benefit of higher pay scale of that of trained graduate teacher. We see no merit in this Appeal. The appellant has not produced any material or statutory rules governing promotion to the post of Headmaster of a Middle School. It is not the case of the appellant that he has been superseded in the matter of promotion to the post of Headmaster. The appellant’s claim for higher pay of trained graduate teacher is not supported by the relevant pleadings or supporting material. In absence of factual materials before the Court, the reliefs prayed for cannot be Patna High Court LPA No.1786 of 2011 (3) dt.01-12-2011 3 / 3 3 granted. Learned single Judge has rightly dismissed the writ petition. No case for interference is made out. Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)