IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9148 of 2006 MAHENDRA NARAYAN YADAV s/o Sri Jitendra Prasad Yadav, r/o village- Belokhari, p.S. Shrinagar, Bhaya- Panchghachiya, District- Madhepura. Versus 1. THE STATE OF BIHAR. 2. The Director, Primary Education, Bihar, Patna. 3.District Magistrate, Madhepura, District- Madhepura. 4.District Superintendent of Education, Madhepura, District- Madhepura. ----------- 4. 13.04.2011 It is unfortunate that the writ application, which was filed in the year 2006, State is not in a position to file counter affidavit. The matter had been adjourned earlier. In that view of the matter the writ petition is being disposed of on the pleadings as obtaining on records. The petitioner had earlier come to this Court with a grievance for not being timely granted intermediate trained pay scale, the B. Ed trained pay scale and the pay scale of Headmaster whereas his juniors were granted. In view of inordinate delay in filing the writ application, the writ petition was not entertained to adjudicate the matter but gave liberty to the petitioner to file representation before the Director, Primary Education Government of Bihar, who was directed to take a decision within six weeks .The order of the High Court is dated 4.8.2005 passed in C.W.J.C No. 3106 of 2000. Petitioner thereafter filed a detailed representation and the Director of Primary Education passed order and communicated the same to the petitioner under memo 676 dated 19.4.2006( Annexure 9). A perusal of Annexure 9 would show that the claim of the petitioner to entitlement of intermediate trained pay 2 scale, B. Ed. trained pay scale, Headmaster pay scale and the first time bound promotion from the dates as prayed by the petitioner has not been disputed . It has not been disputed that the juniors have been given those privileges. The only reason is that pursuant to that the Director is not granting all the reliefs to the petitioner in view of the purported order of stay passed in two writ petitions pending in this Court being C.W.J.C. No. 12708 of 1996 and C.W.J.C No. 12607 of 1996.There is yet another reason, which is, in fact, a fall out of those orders that as the gradation list has not yet been prepared,the claim of the petitioner cannot be ascertained. Learned counsel for the petitioner draws my attention to an order dated 11.11.1998 passed by this Court in C.W.J.C 7711 of 1997 ( Lakshmi Sah and another- versus- State of Bihar and others) –(Annexure 10) wherein this Court had clarified that the orders in those writ petitions would operate so far as parties in those writ petitions are concerned. Be that as it may learned, counsel points out that the aforesaid two writ petitions in which stay was granted itself has been disposed of by Full Bench of this court, which decision has since been reported in the case of Ram Nath Prasad Singh and others and analogues cases versus State of Bihar since reported in 2009 (3) P.L.J.R 384. This Court clarified the discrepancies and issued directions to prepare fresh seniority list within three months and then to finalize it and publish it immediately thereafter.That was in April 2009, we are in April 2011.In view of the factw noted and in 3 view of the fact that the claim of the petitioner has not been found to be wrong or not maintainable I have no option but to direct the Director of Primary Education to reconsider the matter of the petitioner for grant of Intermediate trained scale,time bound promotion , B.A trained and the pay scale of Headmaster with effect from appropriate dates to be fixed by the Director giving reasons for difference between the dates as claimed by the petitioner and the dates as fixed by the Director and ensure all consequential payments accordingly. This must be done by the Director within a period of three months from the date of production of a copy of this order before him. It is elementary that because of some disputes with which the petitioner is not concerned, petitioner’s promotion and remuneration cannot be stopped. With the aforesaid observations and direction the writ petition is disposed of. Namita ( Navaniti Prasad Singh, J.)