IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8391 of 2003 1. RAMDEO RAJAK son of Late Kusum Lal Rajak, resident of village- Sonaili, P.S. Kadula, District- Katihar, at present posted as Assistant Teacher and Incharge Assistant Headmaster, Middle School, Fatehpur, Block- Balrampur, District- Katihar. 2. Yugal Kishore Roy son of Sri Umesh Chandra Roy, resident of village, P.O. and P.S.- Azamnagar, District- Katihar, at present posted as Assistant teacher, Middle School, Balrampur, District- Katihar. 3. Baidyanath Roy son of Sri Bhola Nath Roy, resident of village- Bhay Barsoi, P.O. and P.S.- Barsoi, District- Katihar, at present posted as Assistant Teacher, Primary School, Dongul, Balrampur Block, District- Katihar. 4. Dhirendra Paswan son of Sri Hardhan Paswan, resident of village- Haphlaganj, P.O.- Sirnia, P.S. and District- Katihar, at present posted as Incharge Assistant Headmaster at Kanya Primary School, Kumhari Kadula, District- Katihar. … Petitioners. Versus 1. THE STATE OF BIHAR through the Commissioner and Secretary, Department of Human Resources Development, Primary Education, New Secretariat, Patna. 2. The Director, Primary Education, Government of Bihar, New Secretariat, Patna. 3. The Regional Deputy Director of Education, Purnea Division, Purnea. 4. The District Magistrate, Katihar. 5. The District Development Commissioner, Katihar. 6. The District Education Officer, Katihar. 7. The District Superintendent of Education, Katihar –cum- Secretary, District Education Establishment Committee, Katihar. 8. The District Welfare Officer, Katihar. 9. The District Education Establishment Committee, Katihar through its Secretary, the District Superintendent of Education, Katihar. 10. The Deputy Inspectresss of Schools, Katihar. …. Respondents ----------- 3. 13.09.2010 Having heard learned counsel for the 2 petitioner and learned counsel for the State and also after taking into consideration that as with regard to the following prayer; “1. That this writ application has been filed for quashing the letter No. 1406 dated 30.6.2003 issued under the signature of the District Superintendent of Education, Katihar as contained in Annexure-1, by which the show-cause reply submitted by the petitioners in response to letter no. 2296 dated 8.9.2001 (Annexure-15) have been rejected in accordance with the decision of the District Education Establishment Committee dated 14.11.2002. This writ application has also been filed for holding that in accordance with the judgment and order dated 20th January, 2000 passed by this Hon’ble Court in CWJC No. 4092 of 1991 (Mumtaz Ahmad and others vs. the State of Bihar and others), the District Education Establishment Committee, Katihar has no jurisdiction or power to modify or annul the gradation list of the additional graduate trained teachers finalized in the meeting of the District Education Establishment Committee on 16.2.1988 and approved by the Regional Deputy Director of Education, Kosi Division, Saharsa and as such the impugned order dated 30.6.2003 (Annexure-1) issued by the District Superintendent of Education, Katihar as per decision of the District Education Establishment Committee dated 14.11.2002 is completely illegal and without jurisdiction. This writ application has also 3 been filed for commanding the respondents to immediately issue order of posting of the petitioners as Headmaster and to make payment of their salary in the scale admissible to the post of Headmaster with effect from the date of their joining on the post of Headmaster in pursuance of Memo No. 2824 dated 20.10.1989 (Annexure-4). This writ application has also been filed for commanding the respondents to grant the benefit of seniority of the post of Headmaster with effect from the respective date of their joining in pursuance to Memo No. 2824 dated 20.10.1989 (Annexure-4).” the whole exercise has to be done afresh in terms of direction given by this Court in the Full Bench judgment in the case of Ram Nath Prasad Singh vs. the State of Bihar & Ors., reported in 2009(3) PLJR 384, this Court would remit the matter back to the District Education Establishment Committee, the competent authority to reexamine the case of the petitioners for grant of promotion in the B.A. Trained pay-scale strictly in accordance with ratio laid down by the Full Bench in the case of Ram Nath Prasad Singh (Supra). Such exercise, if not already completed, must be completed within a period of six months from the date of receipt/production of a copy of this order. 4 With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)