S.N.Jha, J.

1. As common questions of fact and law arise for consideration, these two writ petitions have been heard together and are disposed of by common order. The representative facts in so far as relevant to the controversy are, however, taken from CWJC No. 3160 of 1993.

2. The petitioner were appointed as Assistant teachers in the Intermediate trained scale on different dates. In course of time on 21th December, 1990, they were promoted to the Graduate trained scale of Rs. 850-1360 pursuant to the decision of the District Education Establishment Committee in the light of circular No. 2440 dated 18th December, 1984 issued under Sec. 8 of the Bihar Non-Government Elementary Schools (Taking Over of Management and Control) Act, 1976 (in short the Act). Their promotion was challenged in this Court in CWJC 5001 of 1991. The said writ petition was disposed of with direction to the Director, Primary Education, to consider the representation which the petitioners of that case were directed to file. It may be stated here that the aforesaid order was passed on concession of the State Counsel that the order dated 28th December, 1990 was not in accordance with law. The Director, P