IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12046 of 2009 1. Ashok Pratap Dixit, Son of Sri Jagdish Dixit, resident of village and P.O.- Kathkuaiya, P.S.-Kuwarasthan, District-Koshinagar in the State of Utter Pradesh. 2. Bachcha Prasad Yadav, Son of Sri Vishwanath Prasad Yadav, resident of village-Sugauli, P.O.-and P.S.-Piparasi in the district of West Champaran at Bettiah. …….Petitioners. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna. 2. The Director, Primary Education, Human Resources Development Department, Govt. of Bihar, Patna. 3. The District Magistrate-cum-Collector, West Champaran. 4. The Deputy Director of Education, Tirhut Division, Muzaffarpur. 5. The District Superintendent of Education, West Champaran. ………Respondents. ----------- 2/ 19.11.2009 Heard counsel for the petitioners and the State. Initially, petitioners had made several prayers in this writ application but finally, they have confined their prayer to one relief i.e. for quashing the office order contained in Memo No. 977 dated 28.05.2009 issued by the District Superintendent of Education, West Champaran, Bettiah, whereby the claim of the petitioners regarding their posting as In-charge Headmaster has been rejected. Petitioners had earlier approached this Court for similar relief by filing C.W.J.C. No. 5031 of 2008. The writ application was disposed of, directing the petitioners to represent their cases before the competent authority for deciding the claim of the petitioners. Three months time was fixed for passing the reasoned order, by the authorities. The petitioners thereafter, represented their cases before the D.S.E., West Champaran, Bettiah. 2 The District Superintendent of Education, West Champaran, Bettiah vide order contained in Memo No. 977 dated 28.05.2009, has rejected petitioners’ claim with the finding, that the petitioners and other teacher who has been posted as Incharge Headmaster, are getting their salary in the same scale i.e. Matric Trained Scale. In this circumstance, the seniority can be decided on the basis of length of their service and the date of their joining, petitioners on this consideration were found junior to present In- charge Head master and were not eligible to be posted as In- charge Headmaster. Petitioners’ claim has been has been rejected on such consideration. I do not find any error in the order. Accordingly, this application is dismissed. Sanjeet/ (Mridula Mishra, J.)