IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7817 of 2003 RAJENDRA PD.SINGH, aged about 59 years, son of Late Rameshwar Singh, resident of village- Bhagwanpur, P.S. Makhdumpur, District- Jehanabad. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director, Primary, Secondary and Adult Education, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The District Superintendent of Education, Gaya. 5. The Headmaster, Ashok Middle School, Paraiya, Gaya. 6. Shivyogi Singh, son of name not known to the petitioner, Headmaster, Mahavir Middle School, Gaya, District- Gaya. …. Respondents. ----------- 4. 30.08.2010 Having heard Mr. Ganesh Prasad Singh, learned senior counsel for the petitioner and learned counsel for the State with regard to the following relief claimed in this writ application; “1. That this is an application for issuance of a writ in the nature of Mandamus commanding and directing the respondent- authorities to promote the petitioner on the post of Headmaster, after granting him B. A. Trained Scale with effect from the date Junior to the petitioner has been so given i.e. with effect from 1.4.1980 and to give all other consequential benefit for which the petitioner is legally entitled to and to issue any other appropriate writ/writs, order/orders, for which the petitioner may be found legally entitled to in the facts and circumstances hereunder.” this Court would direct the District Education Establishment Committee of Gaya to take a final decision, if not already taken, as with regard to grant of B.A. trained 2 scale/ headmaster in terms of judgment of Full Bench in the case of Ram Nath Prasad Singh vs. the State of Bihar & Ors., reported in 2009(3) PLJR 384. It is, however, made clear that if in such exercise of consideration of promotion, any person junior to the petitioner was found to be given promotion till the date of the superannuation of the petitioner, the right of petitioner will be at least protected by giving notional promotion with consequential pay fixation benefit and the revision of the retirement benefit on the basis of such notional promotion. It is, however, made clear that this Court has not expressed any merit on the admissibility of promotion of the petitioner either in the B.A. trained pay-scale or in the post of Headmaster which must be decided by the District Education Establishment Committee strictly in accordance with law. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.)