IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5967 of 2002 1. SHEOJEE DUBEY son of late Ram Briksh Dubey resident of village and P. O. Borhulla via- Jiradei, P. S. Andar at present working as Assistant Teacher Govt. Middle School Ruia Bangra, Block- Hussainganj. 2. Durga Prasad Singh son of late Raj Mangal Singh resident of village Bangra, P. O. Titra, P. S. Mairwa at present working as Headmaster, Primary School Gangauli, Block- Hussainganj. 3. Anant Nonia son of Shri Babu Ram Nonia, resident of village Hasan Purwa, P. O. Machakna, P. S. Andar, at present working as Asst. Teacher (Incharge Head Master) Govt. Middle School Hussainganj Block, Hussainganj. 4. Rupak Kumar Singh son of late Jaganath Prasad Singh resident of village Muia, P. O. Sishani, P. S. Jiradei, at present working as Head Master, Primary School Nandpali, Block, Hussainganj. All are of the District Siwan. … Petitioners. Versus 1. THE STATE OF BIHAR 2. the Director, Primary Education, Government of Bihar, New Secretariat, Patna. 3. the District Education Establishment Committee, Siwan through its Chairman, the District Magistrate, Siwan. 4. The District Superintendent of Edcuation, Siwan. … Respondents. ----------- 5. 12.07.2010 In this writ petition the prayer of the petitioners reads as follows: “1. That this is an application for issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondents-authorities to promote the petitioners in the Intermediate Science Trained scale with effect from 1.4.1985, the date from which juniors to the petitioners have been promoted and/or to quash the order dated 24.8.1995 and/or also to quash the promotion order passed in the month of July 2001 in pursuance of the decision dated 29.3.2001 taken in the meeting of District Education Establishment Committee so far it relates to the Juniors to the petitioners, by issuing appropriate 2 writ respondents-authority be further directed to give all consequential benefits of the service including arrears of pay etc. of promoted post with effect from 1.4.1985 to the petitioners.” Such prayer of the petitioner in the opinion of this Court would necessarily depend on the discovery of the fact as to whether any person junior to the petitioners has been given such promotion with financial benefit. Counsel for the State on the instruction received by him would submit that no person junior to the petitioners has been given such promotion higher scale of pay and therefore the claim of the petitioners would be considered on the basis of their seniority cum eligibility under 1993 Rules which has been given retrospective effect from 1.1.1996. He would clarify that after 1993 Rules, the concept of I.Sc. trained pay-scale has been given away w.e.f. 1.1.1986 inasmuch as the same has been merged in the Matric trained pay scale of posts and therefore the petitioners now cannot claim any promotion in I.Sc. trained pay-scale. This Court, however, would not like to put any final word as with regard to aforementioned entitlement 3 specially when it is not disputed by the respondents that the case of the petitioners would be also considered in its own turn. Admittedly, no person junior to the petitioners has been given such promotion and as such this Court would dispose of this writ application with an observation to consider the case of the petitioners for their promotion in B.Sc. trained scale of pay strictly in accordance with the provisions contained in 1993 Rules. kanchan (Mihir Kumar Jha, J.)