IN THE HIGH COURT OF JUDICATURE AT PATNA. CIVIL WRIT JURISDICTION CASE NO.16360 OF 2009. BINOD KUMAR TIWARY,S/O KHEDAN TIWARY, POSTED AS HEAD MASTER, UTKRAMIT MIDDLE SCHOOL, TAKIYA YAKAB, P.S GOPALGANJ, DISTRICT GOPALGANJ. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY, SECONDARY PRIMARY AND ADULT EDUCATION, NEW SECRETARIATE, GOVT. OF BIHAR, PATNA. 2.DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES, BIHAR, PATNA. 3.DIRECTOR, BIHAR EDUCATION PROJECT COUNCIL, BELTON BHAWAN, SHASTRI NAGAR, PATNA. 4.DISTRICT MAGISTRATE CUM CHAIRMAN, EDUCATION PROJECT COMMITTEE, GOPALGANJ. 5.DEPUTY DEVELOPMENT COMMISSIONER, GOPALGANJ. 6.DISTRICT EDUCATION SUPERINTENDENT CUM DISTRICT PROGRAMME CO-ORDINATOR, GOPALGANJ. ………………………RESPONDENTS. ---------------------------------- with CIVIL WRIT JURISDICTION CASE NO.986 OF 2008. 1.SHAMBHU PRASAD, S/O LATE KISHUN BHAGAT, VILLAGE SEMRA, P.O THAWE, P.S GOPALGANJ, DISTRICT GOPALGANJ AT PRESENT HEADMASTER, UPGRADED MIDDLE SCHOOL, PHULGUNI, P.S THAVE, DISTRICT GOPALGANJ. 2.GAUTAM MAJNHI, S/O LATE VIDESHI MANJHI, VILLAGE SAMAH, P.S MANJHA GARH, DISTRICT GOPALGANG AT PRESENT HEADMASTER, UPGRADED MIDDLE SCHOOL, MANJHA, P.S MANJHA, DISTRICT GOPALGANJ. …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE SPECIAL SECRETARY CUM DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, 2 PATNA. 4.THE DISTRICT SUPERINTENDENT OFFICER CUM DISTRICT PROGRAMME COORDINATOR, GOPALGANJ. ………………………RESPONDENTS. --------------------------------- 04/ 09.12.2011 Heard counsel for the parties. In both these writ applications, the petitioners claim that they have been working on the post of Headmaster for the last four to five years and yet are being paid salary of matric trained teacher. Mr. Ashok Kumar Chaudhary, learned counsel for the petitioners would submit that even when the directions have already been given by the State Government to the respective controlling Authority in the district to complete the process of promotion, such final decision has not been taken as a result whereof there is a discrimination among the same set of people, inasmuch as, the petitioners of Saharsa district has been given regular promotion on the post of Headmaster whereas in the case of the petitioners belonging to Gopalganj district, such final decision has not been taken as with regard to their promotion. Counsel for the State would submit 3 that the process for giving regular promotion has already been started and that the case of the petitioners will also be considered in accordance with law. The respondents are required to finalize the cases of promotion in the B.A trained pay scale whereafter promotion has to be given to the eligible Post Graduates in the B.A trained pay scale on the post of Headmaster. The dispute as with regard to matric trained teacher as per 1993 Rules had ultimately been resolved by a Full Bench judgment in the case of Ram Nath Singh & Ors vs The State of Bihar & Ors, 2009(3) PLJR 384, wherein, a direction was also given for preparation of gradation list for the purpose of considering the promotion in the B.A/B.Sc trained pay scale, this Court is not aware as to whether in the district of Gopalganj such gradation list has already been finalized and promotion in the B.A/B.Sc trained scale is to be given. This matter also needs to be clarified by the petitioners in the pleadings. 4 Considering that the petitioners are working on the post of Headmaster for a quite long period by way of adhoc arrangement and such arrangement should be discouraged, this Court would direct the District Education Establishment Committee of Gopalganj district to immediately take up first the cases of promotion of the petitioners in the B.A/B.Sc trained pay scale and thereafter also finalize the promotion on the post of Headmaster. It goes without saying that if any junior to the petitioners would be given promotion in the B.A/B.Sc trained pay scale/Headmaster, the petitioners will also be entitled for their promotion from retrospective effect i.e. the date on which their juniors have been given such promotion. If, however, no one has been given such promotion and the District Education Establishment Committee decides to give promotion to the petitioners firstly in the B.A/B.Sc trained pay scale and thereafter on the post of Headmaster they will not be entitled for payment of arrears of salary but they would 5 definitely be entitled to claim 20 per cent of the pay of the Headmaster in terms of Rule -103 of the Bihar Service Code. This exercise by the District Education Establishment Committee, as with regard to petitioners and others must be completed within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)