IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9364 of 2000 SURENDRA NATH PANDEY & ORS Versus THE STATE OF BIHAR & ORS For the petitioners :- Mr. Dinu Kumar & Mr. Manoj Kumar, Advocates For the Respondent;- Mr. UdaiShankar Singh J.C. to G.A.3 ----------- No6 10-11-08 Heard learned counsel for the petitioners and learned counsel for the State. All the ten writ petitioners claim that prior to coming into force of the 1993 Rules described as National Primary Schools Teachers Promotion Rules, the petitioners fulfilled all the eligibility criteria for promotion to the post of Headmasters but they have not been selected and promoted to the post of Headmasters in Government Primary Schools only because the 1993 Rules have been applied even to vacancies existing prior to 1-1-1986 and the Rules of 1993 prescribe different eligibility criteria. The fact that 30 or more posts of Headmasters existed in the District of Buxar prior to 1-1-1986 have been stated in paragraphs 11 and 2o of the writ petition and the respondents have not denied such averments. The issue as to which rules shall govern the vacancies existing prior to 1-1-1986 is no longer res integra in view of two judgments of this court and of Ranch Bench of this court annexed as annexures 4 and 5 . A perusal of those judgments makes it abundantly clear that the issue was first decided by this court in C.W.J.C.No.4352 of 1992 and analogous cases disposed of on 16th March, 1994. Paragraph-14 of the judgment in that case has been quoted in annexure-4, a subsequent judgment, and it shows that Government of Bihar itself took a stand before this court that it shall take steps for filling up the vacancies in higher grades in three different manners. The first related to vacancies occurring during the period 15-12-1976 to 31-3-1981 which were to be filled up in accordance with Government Order No. 4557 dated 15-12-1976, the second category was of vacancies between the period 1-4- 1981 to 31-12-1985 which were to be filled up in accordance with Government notification no. 3440 dated 18-12-1984 and the third category S of vacancies occurring on or after 1-1-1986 were to be filled up in accordance with 1993 promotion Rules. Clause-4 further discloses that not only the aforesaid guidelines relating to promotion were laid down but this court also directed the District Establishment Committee in all the districts to pass the final orders regarding grant of promotion by 30th June, 1994. The respective District Magistrates being the Chairman of the said Committees were directed to ensure compliance. The judgment in annexure-4 shows the concern of this Court because it was not clear to the court as to why the grievance of the petitioners had not been considered by the authorities as per the earlier judgment which appears to be on the basis of stand taken by the Government itself. Petitioners are facing similar problem and difficulties as faced by the petitioners of C.W.J.C.No. 2564 of 1994, According to the petitioners their cases were kept pending for consideration but instead of proper consideration as per the earlier judgments, although the vacancies were of a period prior to 1-1-1986 but petitioners cases were rejected by applying the eligibility criteria of 1993 promotion rules. The respondents have accepted, the factual position in the counter affidavit but have taken a stand that Annexures 4 and 5 are of no consequence because the judgments will govern only the petitioners of those cases and others who waited for consideration by the Government have to be dealt with in accordance with provisions of 1993 Rules only, regardless of existence of vacancies from earlier dates. The stand of the respondents cannot be accepted because the issues decided by this court in earlier judgments as evidenced by annexures 4 and 5 were of general significance applicable to all equally situated teachers of Primary Schools. In fact annexure-4 shows that earlier directions were issued by this court to all the District Establishment Committees and all the District Magistrates for general compliance with the principles laid down by this court. In the aforesaid facts and circumstances this court finds no merit in the stand of the respondents that since the petitioners were not a party to annexures 4 and 5 they will be governed by the 1993 Rules whereas others similarly situated will be considered as per the judgments contained in annexures 4 and the writ petition is accordingly allowed. The decision of the competent authority refusing to grant promotion to the petitioners on the post of Headmasters on the basis of 1993 Rules is set aside and the matter is remitted back to the concerned authorities to pass appropriate orders in respect of the petitioners for promotion in accordance with law as laid down in annexures 4 and 5 . Such exercise must be completed within a period of three months from the date of production/communication of a copy of this order. The writ petition is allowed. ( Shiva Kirti Singh,J) N BT (Syed Md. Mahfooz Alam, J) Naresh