IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5760 of 2005 BASANTI MISHRA, W/O SATYENDRA MISHRA, R/O MOHALLA-MAJHAULIA KHABRA, P.O.-KHABRA, DISTRICT-MUZAFFARPUR, PRESENTLY POSTED AS INCHARGE HEADMISTRESS OF GOVERNMENT BASIC SCHOOL, CHANDRAHATHI, KAMTAUL, ANCHAL- KURHANI, DISTRICT-MUZAFFARPUR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, ADMINISTRATION, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, TIRHUT, DIVISION, MUZAFFARPUR. ……………RESPONDENTS. ----------- 4 17.05.2010 Petitioner has filed this writ application for a direction to the respondents to correct the gradation list by giving the petitioner due seniority counting her services from her initial date of appointment i.e. 15.02.1982. Learned counsel for the petitioner submits that the respondent no. 4, the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur had recommended for inclusion of name of the petitioner in the said gradation list at appropriate place counting her services from the date of her initial appointment. He submits that inspite of such recommendation the 2 name of the petitioner was not included in the said gradation list and now juniors to the petitioner have been promoted to Bihar Education Service. It is submitted that the petitioner has already filed a representation before the respondents. In the circumstances, this writ application is disposed of with a direction to the respondent no.3 to consider the representation of the petitioner in the light of the recommendation made by the Regional Deputy Director of Education. For convenience of respondent no. 3, the Director, the petitioner will be at liberty to file a fresh representation along with a copy of this order and enclosing the recommendation made in her favour by the authorities. If such fresh representation is filed by the petitioner within one month from today, it is expected that the same shall be considered and appropriate order shall be passed on the same preferably within a period of two months from the date of filing of such representation. If the Director finds that the petitioner is entitled for inclusion of her name in the gradation list as per the roster at 3 appropriate place counting her services from the date of initial appointment, he shall pass appropriate orders in accordance with law on the same. Any consequential orders for promotion and posting shall also follow. This writ application is disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)