JUDGMENT S. B. Sinha & G. C. Bharuka, JJ. - This question which arises for consideration in this application is as to whether the impugned order dated 2nd October, 1991 as contained in the letter No. 418 issued by the respondent No.2 (Director Primary Education), as contained in Annexure-3 to the writ application whereby the respondents No.3 to 5 were directed not to make payment to the petitioners in the scale of promoted post and to pay them salary which they received in January, 1991 for the month of December 1990 is legal or not. 2. The said order came up for consideration before us in Radhapati Pandey vs. The State of Bihar & others in CWJC No. 9207 of 1991 disposed of on 19.8.92. This case is covered by the aforementioned decision inasmuch as in this also the mandatory provisions for grant of promotion to the post of higher scale of pay had not been followed. 3. The matter relating to grant of promotion admittedly had never been placed before the District Education Establishment Committee which was mandatory. In that judgment it was further held that as by reason of the impugned order only direction was made that the petitioner would continue to draw salary in the old scale of pay, they would not be prejudiced at all if the impugned order is allowed to stand. 4. Following the aforementioned decision, it is directed that the District Superintendent of Education should place the matter before the District Education Establishment Committee alongwith the cases of all other eligible candidates immediately so that the necessary order may be passed in favour of the petitioners as also other eligible teachers relating to grant of higher scale of pay with utmost expedition and preferably within a period of two months from the date of the receipt of a copy of this order. 5. It goes without saying that matter relating to payment of salary etc. to the petitioners to a higher scale shall abide by the decision of the District Education Establishment Committee and/or any other competent Authority. 6. This application is dismissed with the aforementioned directions.