IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.334 of 2006 UMASHANKAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 04 31.3.2009 Heard learned Counsel for the petitioner and learned Counsel for the State. The claim in the writ application is to consider grant of promotion to the petitioner in the rank of Headmaster of the Middle School after granting him the B.A. trained pay scale from the date that his juniors have been granted the same and promoted as also for consequential benefit after such promotion. It is stated that the petitioner has since superannuated. Counter affidavit has been filed on behalf of respondents. The counter affidavit states that the persons named in the writ application as juniors and who had been granted the benefit of such promotion have been deprived of the promotion and they have been cancelled as they were in consonance with the law and were illegal at the meeting of the District Education Establishment Committee on 9.6.2001. The aggrieved persons 2 challenged the cancellation of such promotion in C.W.J.C. No. 8424 of 2001 which is pending and in which there is interim stay of the order canceling the promotion. The counter affidavit is completely silent on the merits of the claim of the petitioner of his eligibility and entitlement for such promotion. The tenure of the counter affidavit is that the grievance of the petitioner was with regard to grant of promotion to persons junior to him which has now been remedied by cancellation of the same. If that be so, the respondents appear to have prima facie found justification in the claim of the petitioner. In that view of the matter, the writ application is disposed off with direction to the respondents to consider the claim of the petitioner for such promotion in terms of continuance of the promotion of persons junior to him by virtue of the interim orders to this Court till final disposal of the aforesaid writ application. The question of consequential benefit if any and the date from which the petitioner may be eligible to the same shall be determined by the respondents after decision of this Court in C.W.J.C. No. 8424 of 2001. 3 The petitioner shall be at liberty to intervene in the aforesaid writ application also. The writ application stands disposed off. P.K. (Navin Sinha, J.)