IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7537 of 2004 PT.UMANAND MISHRA, SON OF LATE PT. HARERAM MISHRA, RESIDENT OF VILLAGE RAIYAM, P.S. BHAIRAB ASTHAN, DISTRICT MADHUBANI AT PRESENT HEAD MASTER INCHARGE, GOVERNMENT SANSKRIT HIGH SCHOOL KAZIPUR, P.S. KADAMKUAN, DISTRICT PATNA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT, BIHAR, PATNA. 2. THE SPECIAL DIRECTOR, SECONDARY EDUCATION (SANSKRIT), DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 3. ASSISTANT DIRECTOR (SANSKRIT), DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS For the petitioner :- Mr. Gajendra Kumar Jha, Advocate Mr. Sushil Kumar Jha, Advocate For the State :- Mr. A. Amanullah, G.A. 9 Mr. M.K. Pathak, A.C. to G.A. 9 ********** 3 1.12.2010 Petitioner was granted the first Time Bound Promotion w.e.f. 18.3.1984. Now his claim is restricted to grant of Senior Selection Grade. The prayer of the petitioner has been rejected on the ground that it would be against the circular of the State Government issued vide Memo No. 1039 dated 7.7.2003. The said circular is annexed as Annexure-9 to this writ application. From plain reading of Clause ‘Ga’ of the circular on which the Special Director has relied upon, it appears that 2 all those persons who have been granted Time Bound Promotion or Selection Grade after 1.1.1996 would not be entitled for the said scale in view of the fact that the employees of the State Government have been given the benefit of the pay granted to the Central Government servants. The petitioner stakes his claim on the basis of the fact that he has calculated that the cadre strength on 1.8.1991 was 154. On the basis of the aforesaid cadre strength, it is submitted that 12.5% i.e. 19 persons would be entitled to the grant of Senior Selection Grade by promotion. The petitioner claims that he is entitled to 19th posts which became vacant in August, 1993, and, therefore, his case should be considered for the purposes of granting Senior Selection Grade. The order impugned does not consider the factual aspect of the claim of the petitioner. The interpretation of Clause ‘Ga’ of Circular 1039 seems to be faulty. In the aforesaid facts, it would be proper for the Special Director, Secondary Education (Sanskrit), Department of Human Resources to reconsider the case of the 3 petitioner. The petitioner may bring this order to the notice of respondent no. 2 by filing an application stating all the facts within a period of eight weeks on receipt of a copy of this order. The Special Director, Secondary Education (Sanskrit) will dispose of the application/representation of the petitioner within a period of three months thereafter. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)