IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.12844 of 2000 Subhash Prasad Sinha, son of late Bishwanath Prasad, resident of Mohalla Kalibagh, Rajendra Nagar (Near Jabekhana)Bettia, district West Champaran at present posted as Assistant Teracher in Middle School, Sansariya, Block Nautan district West Champaran .. Petitioner Versus 1. The State of Bihar 2. The Director, Primary Education, Government of Bihar, Patna 3. The District Establishment Committee through its Secretary West Champaran at Bettiah 4. The District Superintendent of Education, West Champaran at Bettiah 5. Devilal Yadav, son of not known at present posted as Head Master, Middle School, Sarvodaya at Bettiah, district West Champaran .. Respondents **** For the petitioner .. Mr. R.P. Singh, Sr. Adv. With Mr. Rajeev Kr. Singh, Adv. For the State .. Mr. P.K. Singh, Adv. **** /6/ 11.02.2009 Heard the counsel for the petitioner and the State. 2. Respondent no. 5 has also appeared, but, his counsel is not present. 3. Petitioner has prayed for a direction to the respondents to give him B.A. trained scale with effect from 01.04.1980 and promote him to the post of Head Master with effect from 22.12.1995, i.e., the date with effect from - 2 - which Devilal Yadav, respondent no. 5, was granted B.A. trained scale and promoted to the post of Head Master. Petitioner’s case is that respondent no. 5 is junior to him in all respects. Further, prayer is to pay him arrears of salary and all other consequential benefits on account of his promotion to the post of Head Master and grant of B.A. trained scale. 4. The petitioner was appointed on 03.08.1976 as Assistant Teacher in matric trained scale. He was granted I.Sc. trained scale vide order, dated 06.09.1980 with effect from 01.03.1980. The order granting I.Sc. trained scale, dated 06.09.1980, was subsequently modified by a resolution of the Establishment Committee and in the light of this resolution, the District Superintendent of Education, West Champaran, Bettiah, issued an order, dated 12.07.1991, contained in Memo No. 3462-72 amending the order, dated 06.09.1980 and the I.Sc. trained scale was given to the petitioner with effect from 01.04.1977. This order was passed in order to remove the anomaly in seniority of teachers. 5. The grievance of the petitioner is that Devilal - 3 - Yadav (respondent no. 5), who is junior to the petitioner was granted B.A. trained scale vide order, dated 30.11.1980, with effect from 01.04.1980 and promoted as Head Master with effect from 22.12.1995, ignoring his claim though he is senior to respondent no. 5. Respondent no. 5 was appointed on stipend of Rs.160/- on 01.02.1977. Subsequently, he was granted I.Sc. trained scale with effect from 01.04.1977. Petitioner who is senior to Devilal Yadav (respondent no. 5) in all respects, being appointed in the year 1976 and also senior in age, could not have been ignored by respondent authorities. He should have been granted B.A. trained scale and promotion to the post of Head Master earlier to respondent no. 5, in case not earlier than with effect from same date on which it was allowed to respondent no. 5. 6. Counter affidavit has been filed on behalf of respondent no. 5, the District Superintendent of Education, West Champaran, Bettiah, where it has been stated that the case of petitioner and respondent no. 5 is not similar. The petitioner was appointed as Assistant Teacher in the matric trained scale on regular basis, but, so far respondent no. 5 is concerned, he was appointed under special scheme on - 4 - stipend of Rs.160/- per month against a sanctioned post of I.Sc. trained teacher. Subsequently the District Superintendent of Education allowed him I.A. trained scale with effect from 01.04.1977. Petitioner was granted I.Sc. trained scale vide order, dated 06.09.1980, with effect from 01.03.1980. Subsequent order of the District Superintendent of Education, dated 12.07.1991, contained in Memo No. 3462-72 (Annexure 4) whereby the earlier order granting I.Sc. trained scale to the petitioner with effect from 01.03.1980 was modified and I.Sc. trained scale was granted with effect from 01.04.1977, in fact, has not been passed in the light of the resolution of the Establishment Committee. No such meeting of Establishment Committee has ever held as there is no reference of this meeting in the register of the establishment Committee. Petitioner’s claim that he was also granted I.Sc. trained scale with effect from 01.04.1977 is not correct. 7. What I find that the order, Annexure 4, on which the petitioner is placing reliance was passed in the year 1991. The petitioner started claiming B.A. trained scale with effect from 01.04.1980 as Devilal Yadav (respondent - 5 - no. 5) was granted B.A. trained scale vide order, dated 30.11.1980 issued by the District Superintendent of Education, West Champaran, Bettiah. In the counter affidavit of respondent no. 5 this order has been annexed as Annexure “C”. This order does not indicate that the B.A. trained scale was allowed to respondent no. 5 in the light of any resolution of the Establishment Committee rather on recommendation of some other committee not authorized to make such recommendation. Respondent no. 5 was promoted to the post of Head Master considering this fact that he has been granted B.A. trained scale with effect from 01.04.1980. Respondent no. 5 was promoted to the post of Head Master with effect from 22.12.1995. If the order contained in Annexure 4 issued by the District Superintendent of Education is not valid for giving B.A. trained scale to the petitioner and also for promoting him to the post of Head Master then the order contained in Annexure “C” to the counter affidavit of respondent no. 5 is also not valid order for promoting respondent no. 5 to the post of Head Master. Till date Annexure 4 of the writ application has not been nullified. No enquiry, in this - 6 - regard, has been made, as such, the respondents can not deny similar benefits to the petitioner, which was allowed to respondent no. 5 considering this fact that he was granted I.Sc. trained scale with effect from 01.04.1977 and the petitioner was granted I.Sc. trained scale subsequently. As stated earlier the petitioner claims to be senior to respondent no. 5 in all respects, the order, contained in Annexure 4 is there to substantiate the claim of the petitioner. 8. Accordingly, respondents 3 and 4 are directed to grant B.A. trained scale to the petitioner with effect from 01.04.1980, i.e., the date from which respondent no. 5 has been allowed B.A. trained scale. Further, it is directed that petitioner should also be promoted to the post of Head Master with effect from same date from which respondent no. 5 was promoted. The petitioner should be paid his arrears of salary for which he will be entitled on account of grant of B.A. trained scale as well as his promotion to the post of Head Master. The order granting B.A. trained scale as well as promotion to the post of Head Master should be passed by the respondents within eight weeks from the date of production/communication of the order. The order for - 7 - payment should also be made within this period. 9. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J.)