IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12803 of 2000 6. 25.11.2008 Surendra Narain Roy son of Late Kari Roy, resident of village Ladania PS Andhra Math, Dist-Madhubani at present posted and working as an Asstt.(Science) Teacher at Govt. Middle School, Bhagawatipur, PS Pandaul, District Madhubani VERSUS 1. The State of Bihar 2. The Director of Primary Education, Govt. of Bihar, Patna 3. The Regional Deputy Director of Education, Darbhanga 4. The District Magistrate, Madhubani, Cum-the Chairman of the District Establishment Committee, Madhubani, PS Madhubani, District Madhubani 5. The District Education Officer, Madhubani P.S. Madhubani, District Madhubani 6.The District Superintendent of Education, Madhubani, P.S. Madhubani, District Madhubani 7. Safiqullah Ansari son of name not known to the petitioner, resident of village + PO Bhowara PS + District Madhubani at present posted and working as the Head Master at Govt. Middle School, Madhepura, P.S. Pandaul, Dist-Madhubani. 8. Satya Narain Mandal son of name known to the petitioner at present posted and working as an Asstt.(Science) Teacher at Govt. Middle School, Bhupatti (Babubarahi) P.S. Babubarahi, District Madhubani 9. Ram Parikshan Thakur son of name not known to the petitioner, resident of village Savesingpur, PS Madhopur, District Madhubani at present posted and working as Head Master at Govt. Middle School, Chikana, PS Ghoghardiha, Dist- Madhubani 10. Krishan Kumar Jha son of name not known to the petitioner resident of village Behta PS + PO Benipatti Dist- Madhubani at present posted and working as Head Master of Govt. Middle School Parsauni (Bisfi), Dist- Madhubani. ------- For the Petitioner : M/s Birendra Pd. Verma, Sr Advocate Yogendra Kumar, Dr MK Gautam and Ram Naresh Roy, Advocates For the State : Mr P.K.Singh, Advocate ------- Heard learned counsel for the petitioner and learned counsel for the State. 2 In spite of several opportunities, no counter affidavit has been filed although the writ petition is pending since 7.12.2000. On behalf of the petitioner three reliefs have been claimed. One is for grant of B.Sc. trained scale for the period 1.4.1979 to 5.5.1981 on the ground that post became available in the appropriate scale with effect from 1.4.1979 and petitioner’s juniors such as respondents 8 and 9 got that scale by virtue of order dated 9.8.1980 (Annexure-4). The second prayer is to direct the respondents to promote the petitioner on the post of Headmaster in any Government Middle School in the district of Madhubani on the ground that persons junior to the petitioner, namely, respondent no.7, 8 and 9 have been promoted to such posts. In support of this only order in respect of Md. Safiqullah Ansari, respondent no.7 has been annexed as Annexure-7. Lastly, petitioner has prayed for a direction to the respondents to reconstruct his service book. Learned counsel for the State has submitted that service book of the petitioner has already been reconstructed which is apparent from the records made available to him. With respect to prayer for promotion to the post of Headmaster it was submitted that a careful perusal of Annexure-7 dated 30.12.1985 would show that it is only an order of transfer/ 3 posting in public and administrative interest and that respondent was posted against a vacant post of Headmaster in a Middle School. In respect of prayer for B.Sc. trained scale it was submitted that no clear instruction has been received on this issue and hence, the respondents may be given opportunity to look into the records and if it is found that persons like respondents 8, 9 and 10 have been given such a scale from an earlier date, as claimed by the petitioner, then his claim shall be disposed of within a reasonable time. On behalf of the State it was further submitted that so far as promotion to the post of Headmaster is concerned, new rules have been enacted in 1993 which are effective from 1.1.1986 and now the claim of the teachers like the petitioner have to be considered in accordance with provisions in the said rules and respondents shall consider the claim of the petitioner depending upon the vacancy position. Although the writ petition has been filed after considerable delay of more than a decade since the alleged grant of higher scale permitted to petitioner’s junior it is found that in view of submission by learned counsel for the State some relief is possible to be given to the petitioner. The writ petition is disposed of with a direction to 4 the concerned respondents to pass appropriate orders in respect of claim of the petitioner for B.Sc. trained scale within a period of three months from today. If any of the respondents, who are described as junior to the petitioner, are found to be junior to him and have been granted B.Sc. trained scale with effect from any date earlier to grant of such scale to the petitioner in 1981 then petitioner should also be given such scale with effect from the date his junior was granted the scale. Dues on account of grant of such scale, if any, must be paid within one month after decision is taken by the concerned authority. So far as claim of promotion to the post of Headmaster is concerned, this Court finds no material to hold that any of the respondents or persons junior to the petitioner has been given such promotion from an earlier date or that petitioner’s case was not considered for grant of such promotion. Now, as per vacancy position the promotions are required to be made as per 1993 Rules. It is observed that petitioner’s claim for promotion as per 1993 Rules should be considered in accordance with law without any unreasonable delay. The writ petition is disposed of. (Shiva Kirti Singh, J.) sk