IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.116 of 2002 1. Tarun Kumar, son of Shri Brahamdeo Singh, resident of village- Chitoura, P.S. Hathiyawan, District- Sheikhpura, at present Assistant Teacher, M.S. Tilkar, P.S. Barbigha, District- Sheikhpura. 2. Balmiki Prasad, son of Late Dwarika Prasad, resident of village & P.S. Kosumbha, Halt, District- Sheikhpura, at present Assistant Teacher, Middle School, Belchhi, P.S. & District- Sheikhpura. 3. Arun Prasad Singh, son of Shri Brahamdeo Singh, resident of village- Chitoura, P.S. Hathiyawan, District- Sheikhpura, at present Assistant Teacher, Adarsh Town Middle School, Barbigha, P.S. Barbigha, District- Sheikhpura. 4. Makeshwar Sharma, son of late Deo Nandan Sharma, resident of village- Mafo, P.S. Mehus, District- Sheikhpura, at present Assistant Teacher, Middle School, Kuserhi, P.S. Mehus, District- Sheikhpura. 5. Ram Chandra Mahto, son of Late Baleshwar Mahto, resident of village- Bajopur, P.S. Mansoor Chak, District- Begusarai, at present Assistant Teacher, Middle School, Sankh, P.S. & district- Begusarai. 6. Maheshwar Pd. Singh, son of late Bhagnu Prasad Singh, resident of village & P.S. Sanghoul, District- Begusarai, at present Assistant Teacher, Middle School, Sankh, District- Begusarai. 7. Anil Kumar Singh, son of Shri Diwakar Singh, resident of village- Safapur, P.S. Matihani, District Begusarai, at present Assistant Teacher, Middle School, Chapke, P.S. & District- Begusarai. 8. Pashupati Nath Sharma, son of Bisheshwar Sharma, resident of village- Safapur, P.S. Matihani, District- Begusarai, at present Assistant Teacher, Middle School, Bariaghu, P.S. & District- Begusarai. 9. Shambhu Nath, son of Shri Ram Sagar Singh, resident of village- Rambiri, P.S. Matihani, District- Begusarai, at present Assistant Teacher, Middle School, Jinedpur, P.S. & District- Begusarai. 10. Janardan Prasad, son of late Gopal Mahto, resident of village- Muradpur, P.S. & District- Sheikhpura, at present Assistant Teacher, Middle School, Chakendra, P.S. Chebara, District Sheikhpura. …….. Petitioners. 2 Versus 1. The State of Bihar. 2. The Commissioner & Secretary, Department of Secondary, Primary and Adult Education, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. 4. The District Superintendent of Education, Sheikhpura. 5. The District Superintendent of Education, Begusarai. …….Respondents. ----------- 07- 20.07.2011 None appears on behalf of the petitioner. Heard Mr. Alok Kumar, learned Assistant Counsel to Government Advocate No.1. This writ petition has been preferred with the prayer to quash the notification bearing Memo no.1479, dated 21.8.2001(Annexure-5), issued under the signature of the Commissioner and Secretary, Department of Secondary, Primary and Adult Education, whereby amendment has been made in Nationalized Elementary School Teachers Promotion Rules 1993, and addition has been made giving seniority to the teachers working in intermediate trained scale up to 1.1.1986, over the teachers working in matric trained scale. The respondents have placed on record their counter affidavit. 2. We have perused the materials on record and considered the submissions of the learned 3 Government Counsel. It appears to us that the issues raised in the present writ petition were considered by a Division Bench of this Court in C.W.J.C. No.9138 of 1993 (Yogeshwar Yadav and others vs. The State of Bihar and others), and the analogous C.W.J.C. No.10774 of 1993 (Mahesh Rai and others vs. The State of Bihar & others), which was disposed by judgment dated 6.3.1998, since reported in 1998(1) All Patna Reports 608. The appeal preferred by the State of Bihar before the Supreme Court bearing S.L.P. No.18045 of 1998, was also dismissed by the order dated 2.11.1998. It is further relevant to state that the present petitioners were the petitioners in the earlier writ petitions. It thus appears that the issues raised in the present writ petition have already been adjudicated in the earlier proceeding. 3. The writ petition is accordingly dismissed. (S K Katriar, J.) (Vikash Jain, J.) S.K.Pathak/