IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11445 of 2008 RAJENDRA MISHRA, S/O LATE PANDIT BANWARI MISHRA, R/O VILLAGE-UKAREVI, P.O.-KEWATIA, DISTRICT-SIWAN. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN DIVISION, AT CHAPRA. 3. THE DISTRICT EDUCATION OFFICER, SIWAN, P.O.-SIWAN, DISTRICT-SIWAN. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SIWAN, P.O.-SIWAN, DISTRICT- BUXAR. …………RESPONDENTS. ----------- 3 15.10.2011 The grievance of the petitioner is that after joining in Matric Trained Scale as Assistant Teacher in 1980 he enhanced his qualification as Graduate and thereafter in 1993 he was put under Grade- II scale, vide Annexure-2. However, since then he is continuing in that very grade and no promotion of scale etc. has been given to him. It is also asserted that his case has not been considered for promotion to the post of Headmaster, although his three juniors, namely, Dharmata Pandey, Parmanand Choudhary and Ali Akbar Ansari have been promoted as Headmasters. From the counter affidavit, it is not clear as to under what circumstances petitioner was denied promotion in grade and promotion to the post of Headmaster. 2 In the circumstances, petitioner is granted liberty to file a detailed representation before the District Education Officer, Siwan making a claim in respect of the promotion in grade and promotion to the post of Headmaster within four weeks from today. If such a representation is filed by the petitioner, the District Education Officer shall consider the same and get his entitlement examined and shall pass appropriate orders on the representation in accordance with law positively within two months from the date of receipt of the representation. In case, the District Education Officer finds that any approval of the higher authority is required in the matter, he shall obtain the same also within that very time. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)