IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4888 of 2002 KEDAR NATH TRIPATHI son of late Ram Surat Tripathi, Assistant Teacher, Sarvodyaya High School, Agiaon, police Station Agiaon, District- Bhojpur… Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director, Secondary Edcuation, Bihar, Patna. 3. The Regional Deputy Director, Patna, Bihar. … Respondents. ----------- 5. 07.07.2010 Heard learned counsel for the parties. The prayer of the petitioner in this writ petition reads as follows:- “(i) Issuance of an appropriate writ, order or direction commanding the respondents to discharge their duties in accordance with law in respect of the rights of the petitioner and accord him the super selection grade from the due date i.e. 1.4.1989 with all consequential and incidental benefits. (ii) Issuance of an appropriate writ, order or direction commanding the respondents to enter the name of the petitioner in the eligible list for the senior selection grade.” Mr. Chaubey, learned senior counsel for the petitioner while pressing relief would basically concentrate on the pleading made in paragraph 9 and 13 of the writ petition which reads as follows:- “9. That it is respectfully stated that even within Patna Division teachers who are not qualified to get the senior selection grade numbering about 250 have illegally been included in the 2 list for their proximity with the authority that be, about 50 of the said 250 unqualified and uneligible teachers were initially accorded junior selection grade even during their probation period who had not crossed of minimum year of 5 years, so as to given them the benefit of senior selection grade which has actually been given to them with effect from 1.4.1989. 13. That grave injustice has been done to this petitioner inasmuch as although he fulfils all the prescribed condition for the promotional scale, it has consistently been denied to him whereas undeserving teachers appointed even after 21.5.1974 (petitioners duly appointed in the year 1968) and although not getting the senior selection grade for non-completion of 12 years service required for time bound promotion/selection grade, have illegally been included in the list of 6,614 teachers in the State inclusive of 1254 in Patna Division and in the list for eligible teachers for Headmaster numbering 270. The names of some of such unqualified persons are Sri Dinesh Prasad Singh, Bansh Dhar High School, Bharatpura, Chandramauli Sharma, High School, Agiaon, Bhojpur (at present), Jagdeo Mishra, High School, Shahpurpatti, Bhojpur. Uma Shankar Singh, High School, Kochas, Rohtas, Mohd. Illias Ansari, High School, Kochas, Rohtas, Rajendra Prasad, High School, Mewra, Nalanda, Maninder Nath Singh, K. K. High School, Sanjhauli. By way of illustration the petitioner is attaching herewith the service book of Chandramauli Sharma showing that on 1.4.1978 he was getting trained graduate scale of Rs.415-745 and from 1.4.1981 he was getting the B. A. Trained Scale of 3 Rs.850-1360 and from 1.1.1986 he was getting the revised scale trained graduate of rs.1640-2900/-. It is thus manifest that aforesaid persons including Chandramauli Sharma was not getting senior selection scale on 1.1.1986, still the screening committee arbitrarily included his name in the list of 6,614 entitling him to get the scale of senior selection grade.” On the basis of the aforementioned pleading Mr. Chaubey would submit that juniors to the petitioner have already been given the benefit of Super Selection Grade w.e.f. 1.4.1989 or even earlier, the petitioner would be also entitled for the same benefit. Counsel for the State on the other hand would place reliance in paragraph 19 of the counter affidavit which reads as follows; “19. That from the official record it is evident that the petitioner was not allowed the post graduate trained teachers scale and selection grade scale till 31.3.1978 and thereafter, his name was not amongst such teachers in the state-level gradation list which has been prepared for the purpose of promotion to the post of headmaster. The petitioner superannuated on 31.3.2004. The teachers of trained graduate scale have not been promoted to the post of headmaster till date. Therefore, the claim of the petitioner for his promotion to the post of headmaster is baseless and the writ petition is fit to be rejected.” 4 Mr. Chaubey would immediately respond to the aforementioned submission of counsel for the State by taking a plea that it is not the case of the petitioner that he wants now to be promoted as headmaster and in fact he only wants monetary benefit of Super Selection Grade inasmuch as he has already superannuated. It is well established concept of service jurisprudence that if a person in a cadre being eligible in all terms is ignored for promotion and a junior to him is given such promotion, he would become entitled for promotion form the date such junior had earned promotion and would also be entitled of consequential monetary if such benefit was given to his junior. Unfortunately, in this case neither of the parties is clear of this aspect inasmuch as reading from paragraph 9 and 13 it does not transpire that the persons named in paragraph 13 were on the same cadre and were juniors to the petitioner. Mr. Chaubey would submit that the petitioner can still demonstrate this fact that juniors to the petitioner were given promotion in super selection grade w.e.f. 1.4.1989. 5 That being so, this Court in absence of the required pleading and/or materials would not be in a position to finally decide the matter and as such it would find expedient in the ends of justice to direct the authority, namely, Director Secondary Education of the Government of Bihar, to re-examine the claim of the petitioner only with regard to grant of super selection grade w.e.f. 1.4.1989. In order to expedite the matter, this Court would give liberty to the petitioner to file a self-contained representation along with connected documents whereafter the Director, Secondary Education on the basis of materials on record would take a final decision and pass an order as with regard to the aforesaid claim of the petitioner. Such exercise must be completed within a period of six months from the date of filing of a representation by the petitioner along with a copy of this order. It goes without saying that if the petitioner is found entitled for such promotion either from the date being claimed by him or from any other date which would also lead to consequential benefit in monetary terms, such 6 payment also must be made to the petitioner in next three months. With the aforementioned observations and directions, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)