IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2722 of 2007 Trilok Nath Thakur, son of late Braj Bhushan Thakur, resident of Mohalla Prabhu Thakur, W.No.-4, Roshra, P.S. Roshra, Dist. Samastipur, at present Assistant Teacher in Sahid Kuldeep Baldeo Narayan Middle School, (Old Mecdonald Memorail Middle School), Roshra, in the district of Samastipur. ------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner and Secretary, Department of Human Resources Development, Government of Bihar, Patna. 3. Director, Primary Education, Government of Bihar, Patna. 4. District Education Establishment Committee, Samastipur, through its Secretary i.e. District Superintendent of Education, Samastipur. 5. District Magistrate, Samastipur. 6. Deputy Development Commissioner, Samastipur. 7. Sub-Divisional Education Officer-cum-Municipality Education Officer, Roshra, Samastipur. 8. The District Education Officer, Samastipur. -------- Respondents ----------- 2 04.8.2011 Learned counsel for the petitioner prays for and is allowed to add the District Education Officer, Samastipur as respondent no.8 to this writ application. Heard learned counsel for the parties. The prayer of the petitioner in this writ application, having been totally covered by the direction given in the judgment of the Full Bench of this Court in the case of Ram Nath Prasad Singh Vs. The State of Bihar & Ors. reported in 2009(3)PLJR 384, this Court could have easily disposed of this writ application 2 by directing the respondents to comply the directions given by the Full Bench in the aforesaid case even in the case of the petitioner but, then, Mr. Bishnu Kant Dubey, learned counsel for the petitioner, would submit that as a matter of fact, in compliance of such direction of the Full Bench in the case of Ram Nath Prasad Singh (supra), the District Gradation List has already been prepared and finally published wherein, the name of the petitioner figures at serial no.2 but, even then, the respondents have not taken any decision for promotion of the petitioner in the B.A. Trained Scale of Pay. Learned counsel for the State would however submit that as this aspect of the matter is not covered by the pleadings, he is unaware of the reasons for not considering the case of the petitioner for grant of promotion in B.A. trained scale of pay but, then, he would assure that if the petitioner is at serial no.2 in the final Gradation List prepared in terms of the judgment of the Full Bench in the case of Ram Nath Prasad Singh (supra), the respondents would be under obligation to decide the case of the 3 petitioner for grant of such promotion from the due date. In view of the aforesaid stand of the parties, this Court would direct the District Education Officer, Samastipur to place the case of the petitioner in the meeting of the District Education Establishment Committee within a period of four weeks from the date of receipt/production of a copy of this order by him for taking a final decision in the case of promotion of the petitioner on the basis of the fresh Gradation List prepared in terms of the direction given by the Full Bench of this Court if such a decision has not already been taken by now by the Committee. The final decision as with regard to the promotion of the petitioner must be taken by the Committee within a period of three months from the date the District Education Officer would place the matter before the Committee. Whatever decision is taken or has already been taken by the Committee as with regard to grant of promotion to the petitioner in the B.A. Trained Scale of Pay must be communicated to the petitioner by the District Education Officer, Samastipur within a period of six 4 months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)