IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15281 of 2001 Basudeo Yadav, son of Ram Khelawan Yadav, resident of village- Tarila, P.O. Telkatu, District- Siwan, at present working as an Assistant teacher in Govt. Primary School, Korari Kala, Anchal- Dronda, District- Siwan …………… Petitioner Versus 1.The State Of Bihar 2.The District Education Establishment Committee, Siwan through its Chairman 3.The District Superintendent of Education, Siwan ………..Respondents --------- For the Petitioner : M/s Bipin Bihari Singh and S.K.Ranjan, Adv. For the State : Mr.Prabhat Kumar, A.C. to G.A.3. --------- With Cwjc No.4803 Of 2003 Yogendra Prasad Singh, son of Shri Jaleshwar Prasad Singh, resident of v illage Jagatpur (Devi Rai Ke tola) P.O. Jagatpur, P.S. Basantpur, District- Siwan, at present posted as an Assistant teacher in Government Primary School Kanya, Brahma Asthan, Anchal- Bhagwanpur Hat, District- Siwan ……….. Petitioner Versus 1.The State Of Bihar 2.The District Magistrate, Siwan 3.The District Education Establishment Committee through its Chairman, the Deputy Development Commissioner, Siwan, District- Siwan 4.The District Superintendent of Education, Siwan, District- Siwan ………..Respondents ----------- For the petitioner : Mr.Umesh Prasad Mishra,Adv. For the State : Mr.P.K.Singh, A.C. to G.A.1 ------------ 11. 18/03/2010 Petitioners of these two writ applications are aggrieved by grant of I.Sc. trained scale to the juniors ignoring their case. They submit that persons appointed with them and lesser in age or appointed later on - 2 - have been granted I.Sc. trained scale with effect from 1.4.1985, whereas petitioners have been denied the said consideration for grant of said benefit. Learned counsels for the petitioners submit that if the juniors have been granted the said benefit, petitioners are legally entitled to be considered for grant of the said benefit of I.Sc. trained scale from the date their juniors have been granted. Learned counsels for the petitioners have referred to a resolution of the District Education Establishment Committee, Siwan dated 2.11.1995 from which it appears that the Committee had resolved to include the names of the petitioners and others in the seniority list and consider their cases in future. Whether, subsequent to that, cases of the petitioners have been considered by the Committee or not is not clear. In the circumstances, petitioners are directed to file a proper representation before the Chairman of the District Education Establishment Committee, Siwan giving all details of their claims as well as details of - 3 - their juniors who have been granted the said scale ignoring their case. If the petitioners file such representation within a period of one month from today, the Chairman of the District Education Establishment Committee, Siwan shall get the same placed before the Committee in its next meeting and the Committee shall consider the same in detail, examine all the claims raised by the petitioners therein and take a final decision. If the Committee does not find the petitioners entitled for such grant of benefit, it shall assign specific reasons for the same and communicate the same to the petitioners. However, in case, petitioners are found entitled for the said benefits, necessary orders must be passed immediately, with grant of monetary benefits of the same to them from due date. Both the writ applications are disposed of with the aforesaid observations and directions. Pradeep/ (J. N. Singh, J.)