IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9232 of 2003 JAGANNATH PRASAD KUSHWAHA son of Late Ishwar Bhagat, presently posted as an Assistant Teacher in Nationalised Middle School, Gopalpur, Anchal Sakra, District Muzaffarpur. Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Primary, Secondary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 3. The District Education Establishment Committee, Muzaffarpur through the Chairman. 4. The District Magistrate, Muzaffarpur cum Chairman, The District Education Establishment Committee, Muzaffarpur. 5. The District Superintendent of Education, Muzaffarpur, District Muzaffarpur. ----------- 3 13.9.2010 Mr. S.B.K. Magalam, learned counsel for the petitioner with regard to the following prayer of the petitioner:- “(i)For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the Respondent Authorities for grant of trained graduate pay scale to the petitioner with effect from 20.05.1988 i.e. the date since when many persons junior to the petitioner were granted trained Graduate pay scale by the Respondent authorities. (ii)For issuance of an appropriate writ in the nature of Mandamus, commanding and directing the Respondent Authorities for grant of Intermediate Trained Teachers pay scale to the petitioner with effect from 01.04.1974 i.e. the date since when many persons junior to the petitioner have been granted Intermediate Trained Teachers pay scale, ignoring the claim of the petitioner. (iii)For issuance of an appropriate writ in the nature of mandamus commanding and directing the Respondent Authorities for payment of consequential monetary benefits of the aforesaid retrospective promotion to the Intermediate and Trained Graduate pay scale on the ground that the persons junior to the petitioner are being paid their salary in the promoted pay scale with effect from the respective dates of their promotion, whereas, the petitioner has been denied the said benefit. (iv)For issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent Authorities to consider the petitioner‟s case for promotion to the post of Headmaster of Middle Schools with effect from the date of completion of his 5 years of service in Trained 2 Graduate pay scale.” would fairly submit that the issue now stands covered by the judgment of Full Bench in the case of „Ram Nath Prasad Singh & Ors Vs. The State of Bihar & Ors’ reported in 2009 (3) PLJR 384 and therefore the petitioner would be satisfied if the judgment of the Full Bench is also given effect to in his case also. Counsel for the State has no objection to implement the judgment of the Full Bench even in the case of the petitioner. That being so, this application is disposed of in terms of ratio and directions laid down in the case of Ram Nath Pd. Singh (Supra). Abhay Kumar ( Mihir Kumar Jha, J.)