IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 942 of 2009 Kameshwar Singh, son of Late Krishnadeo Singh, resident of Village – Tarwan, P.S. – Naubatpur, District – Patna ……………….. Petitioner Versus 1. The State Of Bihar through the Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The Director, Primary Education, Government of Bihar, Patna 3. The District Superintendent of Education, Patna 4. Dineshwar Singh, son of Late Jagdeo Singh, resident of Village – Mouri, P.O. – Mouri, P.s. – Paliganj, Via – Shankar, Imamganj in the district of Patna ………………… Respondents ---------------------------------- 05. 19.09.2011 No one appears for the petitioner. Counsel for the State is present. Counter Affidavit and Supplementary Counter Affidavit has been filed on behalf of the State. Petitioner was appointed as Assistant Teacher, Primary School, Tara Nagar, Sikariya, Anchal – Bihta, District – Patna on 30.05.1962 and retired on 28.02.1997. Petitioner has filed this application for a direction on the respondents to allow him B.A. trained scale as well as the scale of Headmaster, since junior to him has been allowed benefit of B.A. Trained Scale, as well as Headmaster’s pay-scale. Petitioner’s case is that he was graduate at the time of his appointment and he was allowed B.A. Scale. First time-bound-promotion was allowed vide Order dated 24.11.1990. In the year 1988, a 2 gradation list of Teachers had been prepared for granting graduate trained pay-scale to the Teachers, in which his name was at serial no. 39. One Dineshwar Singh, who had joined service in the year 1988, much after the petitioner’s joining, as Assistant Teacher, was allowed B.A. Trained Scale, as well as Headmaster’s scale, but till date of his superannuation petitioner was not allowed, there promotional benefits. In the Counter Affidavit filed on behalf of the State, it has been admitted that in the year 1995, gradation list have been prepared in terms of 1993 Promotion Rules. In the said gradation list, in the Arts Category, petitioner’s name was recorded at serial no. 52. The promotion was to be given in the Graduate Trained Scale, considering the vacancies in the Arts Category. Persons up to 38 serial were given promotion. The 1993 Promotion Rules was challenged in L. P. A. No. 985 of 1996 / 1137 of 1996 and on account of stay order no further action was taken. During the pendency of the LPA, petitioner superannuated. The LPA has been disposed of on 21.04.2009. In terms of the direction in the LPA, the Directorate has issued letter no. 4, dated 04.01.2010. 3 The decision taken by the Director is that no promotion can be granted with retrospective effect. Since, the petitioner has superannuated as such he is not entitled for any promotion with retrospective effect. In the Supplementary Counter Affidavit, it has been stated, due to non-availability of connected records, the matter relating to promotion given to Dineshwar Singh can not be verified. However, it is admitted that the then District Superintendent of Education, Patna had given several illegal promotions, which were subsequently cancelled. Considering the fact that the matter is very old, this application is being disposed of, giving liberty to the petitioner for filing his representation before the District Superintendent of Education, Patna now DEO, Patna, giving full details of his of his claim. In case petitioner is found to be entitled for BA Trained Scale, the respondent will pass necessary order in this regard and will allow the petitioner, benefits of B.A. Trained Scale. In case of his entitlement, necessary orders must be passed within eight weeks from the date of filing of the representation by the petitioner. SKM (Mridula Mishra, J.)