IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10214 of 2002 JAGDISH PRASAD MANDAL so of Late Kinu Prasad Mandal a resident of village Behrari, P.S. Shankar pur District Madhipura. Versus 1.THE STATE OF BIHAR 2.District Superintendent of Education, Supaul. 3.District Superintendent of Education, Saharsa. 4.Area Education Officer, Pipra, Supaul. 5.The Accountant General, Bihar Patna. ----------- 3 24/6/2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this is a petition for issuance of an appropriate writ/writs, order/orders, direction/directions against the respondents for granting the pay scale of the petitioner as per his acquiring higher education of B.A. Trained from the date of his passing as the respondent no.2 and 3 have been giving the other teachers similarly situated cases as of the petitioner and also be given retirement benefit taking into account the B.A. trained pay scale from the date of passing the higher qualification for fixation of pension of the same under the following facts and circumstances of this case.” Counsel for the petitioner in this context has drawn attention of this Court to the impugned order dated 29.6.1992 to submit that fixation of pay for the Intermediate Trained, Graduate Trained and the Graduate Trained of Headmaster’s pay scale by the District Superintendent of Education, Saharsa was wholly incorrect, inasmuch as, the petitioner had already held the qualification of intermediate and graduation prior to such dates. Counsel for the State, on the other hand, has taken 2 objection that the petitioner after retiring from service on 31.1.2002 had chosen to assail the order of ten years back dated 29.6.1992 in this writ application without there being any explanation of such unreasonable delay. He would also submit that there is no rule that the moment a teacher in service would acquire higher qualification he will have to be granted the higher pay scale. In the opinion of this Court, both submissions of learned counsel for the State is fit to be accepted. First of all this writ petition suffers from inordinate delay of more than ten years, inasmuch as, the impugned order was passed on 29.6.1992 and the present writ application has been filed 9.9.2002 Apart from the question of delay the presumption of the petitioner that since he had acquired qualification of Intermediate prior to 9.1.1979 or the qualification of graduation prior to 1.3.1981 he would be entitled for earlier pay fixation, has to be only noted for its being rejected. The concept of grant of Intermediate pay scale and Graduation pay scale does not only depend on the persons getting qualified but also on completion of minimum period in the Matric Trained scale of pay by completing requisite Kalawadhi and the existence of vacancy in I.A. trained or B.A. trained scale of pay. Thus acquiring of qualification is only one of the criteria on the basis of which a person gets entitled for consideration, but then as number of posts of I.A. Trained and B.A. trained scale are limited, every one would not earn promotion 3 from the date he acquired such qualification. The promotion in I.A. trained and B.A. trained scale being dependent on number of vacancy and seniority of the teachers in cadre cannot be equated with time bound promotion nor can the same be claimed as a matter of right. In that view of the matter, this Court would not find any merit in this writ application and the same is, accordingly, dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)