IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6675 of 2007 Vidya Sagar Singh, son of late Keshav Rai (now retired), Acting Headmaster, Middle School, Huraka (Sasaram), P.S. Tilauthu, Dist. Rohtas. ------- Petitioner Versus 1. The State of Bihar through the Secretary (Primary Education), Human Resources Development Department, New Secretariat, Vikas Bhawan, Patna. 2. The Director (Primary Education), Human Resources Development Department, New Secretariat, Vikas Bhawan, Patna. 3. The District Superintendent of Education, Rohtas. ------- Respondents ----------- 2 15.09.2011 Heard learned counsel for the parties. The prayer of the petitioner for considering his case for grant of B.A. Trained Scale of Pay with effect from the date his juniors were given such B.A. Trained Scale of Pay has been made after the petitioner has retired from service. As a matter of fact, from perusal of his representation dated 15.12.2005, it would transpire that his claim was for grant of selection grade and appointment on the post of Headmaster. Thus, the prayer made in this writ application and the claim made before the respondent in the representation is at variance. Nonetheless, as now during pendency of this writ application, a fresh gradation list has been directed to be drawn under the direction in the order of the Full Bench in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. reported in 2009(3)PLJR 384, this Court would give liberty to the petitioner to approach the competent authority for consideration of his case for grant of B.A. Trained Scale of Pay and if the authorities would find that the petitioner, till the date of his retirement, would have qualified for grant of B.A. Trained Scale of Pay, an order to this 2 effect with the approval of the district Education Establishment Committee will be issued within a period of six months from the date of filing of the representation by the petitioner. It is, however, made clear that in view of the inordinate delay in filing of this writ application, the petitioner will not be entitled for any arrear of salary but would only be eligible for computing and getting his retirement benefit on the basis of such enhanced salary, if he is placed in B.A. Trained Scale of Pay. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)