J.B.Koshy, J.

1. In all these cases, the common question to be considered is, whether Science teachers and Arts teachers belonged to two different cadres in the elementary school or not. In Naresh Jha and Others vs. State of Bihar and Others [1994(2) PLJR 348], a Division Bench of this Court held that there is no record to show that the cadres were created separately and, therefore, came to the conclusion that there is a joint cadre of science and arts teachers and ordered to prepare a joint gradation list.

2. When a group of writ petitions came up for consideration, the learned Single Judge doubted the correctness of the judgment in Naresh Jha (supra) and, therefore, the matter was referred to a Division Bench. The operative portion of the reference order reads as follows:

"Counsel appearing on behalf of the respondents has drawn attention towards a Division Bench decision of this Court in the case of Naresh Jha and Others vs. State of Bihar and Others [1994(2) P.L.J.R. 348]. In the said case, the Division Bench held that there is no record to show that the cadres were created separately and so came to a conclusion that there is a joint cadre of science and arts teacher a