IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11859 of 2009 BHAGWAT KUMAR PATHAK . Versus THE STATE OF BIHAR & ORS . ----------- 2 12.11.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent to grant him Graduate trained scale with effect from 1.4.1990 and also to promote to the post of Head Master with effect from the date juniors to him including respondent nos. 6 and 7 have been allowed similar benefits. Petitioner’s case is that the District Establishment Committee in its meeting held on 11.7.1995 considered the case of promotion in the Graduate trained scale of teachers in the light of the order issued by Director, Primary Education, Patna. 28.6.1995 as well as the 1993 Promotion Rules. Case of the petitioner was also under consideration before the Establishment Committee but at the relevant time petitioner was under suspension, as such his case was kept in abeyance subject to the revocation of suspension and submission of all relevant documents relating to his service by the petitioner. The suspension order was revoked on 13.2.1997 but still the departmental proceeding initiated against the petitioner continued. The department proceeding exonerating the petitioner from all charges came to an end in the year 2007. The District Superintendent of Education, Patna by order dated 16.1.2007 contained in Memo no. 433 2 exonerated the petitioner from the charges framed against him and a direction was also issued for making payment of salary for the period of suspension to the petitioner. Petitioner’s grievance is that in the light of the Establishment Committee’s direction petitioner’s case should have been considered by the authorities granting him promotion in the Graduate trained scale. His case for promotion to the post of Head Master should have also been considered and allowed. Two years have passed, since, the departmental proceeding has been concluded but till date petitioner’s promotion is under consideration before the authority. Persons juniors to him have been given promotion in the graduate trained scale and they have also been promoted to the post of Head Master. Special Reference has been given to the promotion given to respondent nos.6 and 7, who being juniors to petitioner have been given graduate trained scale with effect from 1.1.1990 with all consequential benefits and have also been promoted to the post of Headmaster. This application is being disposed of giving direction to the District Education Establishment Committee, Patna as well as District Superintendent of Education, Patna to consider petitioner’s case in the light of its own decision in its meeting dated 11.7.1995. Petitioner should be given promotion in the graduate trained scale with effect from the date when juniors to him have been allowed. His case shall also be considered for the post of Headmaster with due date i.e. since then when juniors to 3 him have been promoted to the post of Head master. Such orders must be passed by the respondent within four weeks from the date of production/communication of this order. (Mridula Mishra,J.) A.Kumar