IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13441 of 2008 ABDUR RASEED, aged about 60 years, Son of Md. Hafeez, resident of village-Belaspur, P.S.-Ramgarhwa, District-East Champaran, Motihari. …………….Petitioner. Versus 1. The State of Bihar, through Principal Secretary, Human Resources Development Department, Vikas Bhawan, Patna. 2. Principal Secretary, Human Resources Development Department, Vikas Bhawan, Patna. 3. Director, Secondary Education, Vikas Bhawan, Patna. 4. Regional Deputy Director of Education, Tirhut Division, at Muzaffarpur. 5. District Education Officer, East Champaran at Motihari. 6. Syed Tofail Ahmad, Assistant Teacher, Nand High School, Sugauli, East Champaran. …………Respondents. ----------- 02/ 20.04.2010 This matter relates to the handing over charge by the petitioner to respondent No. 6 for discharging duties as In-charge Headmaster of the school. Petitioner’s case is that he was appointed on 4.5.1972 and in the seniority list his position is higher than the respondent No. 6, even then, the petitioner has been directed not to discharge the duties as In-charge Headmaster and vide order dated 16.08.2008, the petitioner has been asked to hand over charge to respondent No. 6, who is junior to the petitioner. The reason for not allowing the petitioner to discharge duties of In-charge Headmaster of the school is that he possesses Fazil degree, equivalent to Masters degree but not M.A. degree. It has been submitted by the petitioner’s counsel that in this regard he has already represented before the Director, Secondary Education and his representation is pending for disposal. - 2 - Petitioner is going to retire in the month of June, 2010. Considering this fact, the application is being disposed of, directing the respondent No. 4 i.e. Director, Secondary Education, to dispose of pending representation of the petitioner within four weeks from the date of production/communication of the order. The representation must be disposed of considering the government circulars and rules. Sanjeet/ (Mridula Mishra, J.)