IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.3506 OF 2007. BHARAT THAKUR S/O LATE SURYA NANDAN THAKUR, R/O VILLAGE GORAIYA, P.O. AJIJPUR, DISTRICT MUZAFFARPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, NEW SECRETARIAT PATNA. 4.THE DISTRICT MAGISTRATE, MUZAFFARPUR, DISTRICT MUZAFFARPUR. 5.THE DEPUTY DEVELOPMENT COMMISSIONER CUM CHAIRMAN, THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, MUZAFFARPUR. 6.THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR, DISTRICT MUZAFFARPUR. 7.THE DISTRICT PROVIDENT FUND OFFICER, MUZAFFARPUR, DISTRICT MUZAFFARPUR. 8.THE ACCOUNTANT GENERAL, BIHAR, PATNA. ………………………RESPONDENTS. --------------- 02/ 11.08.2011 Having heard counsel for the parties and taking into account that the petitioner’s claim for promotion in Senior Scale of teacher of the period prior to his retirement which came into effect w.e.f. 01.02.2006, would squarely depend on his position now to be determined in the fresh gradation list prepared in accordance with the direction given by the Full Bench of this Court in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. 2 reported in 2009(3)PLJR 384, this writ application is disposed of with a direction to the District Education Establishment Committee, Muzaffarpur to examine the said claim of the petitioner strictly in accordance with fresh gradation list and if any person junior to the petitioner has been given or allowed to continue with such promotion for the period in which the petitioner had continued in service, the benefit of such promotion should also be given to him. Such decision as with regard to the claim of the petitioner for grant of promotion to senior scale as per the resolution of the Finance Department contained in Memo No. 6022 dated 18.12.1989 read with notification no. 1792 dated 8.7.1993 (Annexure-A) and order of Director Primary Education contained in Memo no. 36 dated 8.1.2007 (Annexure-B) and seniority position in the fresh gradation list must be taken within a period of six months from the date of receipt/production of a copy of this order. It goes without saying that if the 3 Ranjan petitioner is found entitled for such promotion, its consequential benefits including the revision in the retirement benefits shall also be extended to the petitioner in next three months. Let it be made clear that this Court has not gone into the merits of the claim of the petitioner and has simply remitted the matter back to the competent Authority to decide the same strictly in accordance with law. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha, J)