IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8921 of 2003 1. PRIT LAL YADAV, son of Sri Sukheo Pd. Yadav at present Acting Incharge headmaster of Middle School Tumkulaba, P.S. Sonbarsa Raj, District Saharsa. 2. Govind Thakur, son of late Nagendra Thakur at present Assistant Teacher in Middle School Khajuri, P.S. Simri Bakhtiarpur, District Saharsa. Versus 1. THE STATE OF BIHAR 2. The Education Commissioner Cum Secretary, Department of Primary and Mass Education, Govt. of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate Cum Chairman District Education Establishment committee, Saharsa, District Saharsa. 5. The District Superintendent of Education, Saharsa, District Saharsa. ----------- 3 3.9.2010 No one appears for the petitioners. Counsel for the State is present. Prayer of the petitioners in this writ application reads as follows, “(I)Appropriate direction, order or writ be issued to grant the petitioner B.A. trained scale just after the passing/ publication of result of B.A. like other teachers who are granted B.A. trained scale just after the publication of their result. (II)Appropriate direction, order or writ be issued to grant headmaster scale to the petitioners like other such teachers who have been granted the scale on the basis that their claim was not effected by 1993 rule, because they are claiming for those vacant posts which are vacant prior to 1993 promotion rule. (III)Appropriate direction, order or writ be issued to declare that part of the rule which takes away the vested right of seniority of the petitioners which has already been settled under the rules prior to coming into the force of 1993 rule. (IV)Appropriate director or order or writ be issued to the respondent commanding them for compliance of Govt. letter no.1579 dated 21.8.2001 by which 1993 promotion rule has been amended and teachers appointed before 1.1.86 in Intermediate trained scale are declared senior than such teachers who have been appointed before such date in matric trained scale.” 2 The whole issue of grant of B.A. trained scale of pay in terms of 1992 rules had been undergone in a detailed consideration by the Full Bench of this Court in the case of „Ram Nath Prasad Singh & Ors Vs. The State of Bihar & Ors’ reported in 2009 (3) PLJR 384 and therefore any further direction for grant of promotion in B.A. trained scale of pay to the petitioners of this case has to remain with four corners of the ratio as laid down by the judgment of the Full Bench of this Court in the case of Ram Nath Pd. Singh (Supra). That being so, this application is wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)