IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20764 of 2010 1. RAM NANDAN PRASAD SINHA, son of late Pyare Prasad, Assistant Teacher, Upgraded Middle School, Khudalpura, Bihta, Patna. 2. Chandradeo Prasad son of late Sita Ram, Assistant Teacher, Upgraded Middle School, Khudalpura, Bihta, Patna. 3. Ataul Hak son of late Md. Jainuddin, Assistant Teacher, Upgraded Middle School, Jinpura, Bihta, Patna. 4. Ishwar Dayal Sinha son of late Pargan Prasad Sinha, Assistant Teacher, Upgraded Middle School, Daulatpur, Bihta, Patna. 5. Om Prakash Singh son of late Madan Mohan Singh, Assistant Teacher, Upgraded Middle School, Dumri, Bihta, Patna. 6. Ram Lalit son of late Shivpujan Singh, Assistant Teacher, Upgraded Middle School, Kalhanpur, Bihta, Patna. 7. Rana Dhirendra Pratap Singh son of Ran Dinesh Pratap Singh, Assistant Teacher, Upgraded Middle School, Dhurvish Tola, Bihta, Patna. 8. Aruna Kumari wife of Sri Mahabir Prasad Gupta, Assistant Teacher, Upgraded Middle School, Block Colony, Bihta, Patna. 9. Rahamtula Khan son of Md. Isa Khan, Assistant Teacher, Upgraded Middle School, Ram Nagar, Bihta, Patna. 10. Chandra Bhushan Sharma son of Yamuna Prasad Sharma, Assistant Teacher, Upgraded Middle School, lakhan tola, Bihta, Patna. 11. Satendra Kumar son of Sri Chandrama Singh, Assistant Teacher, Upgraded Middle School, Ramtari, Bihta, Patna. Versus 1. THE STATE OF BIHAR through Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Chief Secretary, Govt. of Bihar, Patna. 3. The District Superintendent of Education, Patna. 4. The Treasury Officer, District – Patna. 5. The Deputy Treasury Officer, District-Patna. ----------- 03. 28.2.2011 Submission of the learned senior counsel representing the petitioners is that promotion granted to the petitioners as graduate trained teachers and then being posted in upgraded middle school under the so-called Sarva Siksha Abhiyan is without any consent or option being exercised by these petitioners. Petitioners are willing to forgo their promotion and are willing to be relegated back as Assistant Teachers where they were posted or such other school where they can be 2 accommodated. This courageous or bold stand has been taken by the petitioners in view of the anxiety which they have expressed with regard to the mode of payment of their salary which has been worked out by the State in view of the modality worked out under Sarva Siksha Abhiyan. Since the petitioners are willing to forgo their promotion and other benefit accrued therefrom and being relegated back to the post of Assistant Teachers, necessary orders in this regard may be passed by the competent authority within a reasonable time frame because nobody can be promoted or granted benefit against his wish or desire. Such decision may be taken so that anomalous situation is not created for the petitioners. The writ application is disposed of with above observation/direction. rkp (Ajay Kumar Tripathi,J.)