IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8299 of 2002 GANESH NARAYAN SHARAN, S/O LATE KARUNA SINDHU SHARAN, R/O VILLAGE-BHAGWATIYA, P.O.- BHAGWATIYA, P.S.-KESARIA, DISTRICT-EAST CHAMPARAN, RETIRED ACTING HEADMASTER, HIGH SCHOOL, BAIKUNTHPUR, DISTRICT-VAISHALI. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE VIDYALAYA SEVA BOARD, THROUGH ITS SECRETARY. 4. THE BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 5. THE SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. ………………RESPONDENTS. ----------- For the petitioner : Mr.Tej Bahadur Singh, Sr.Adv.,Mr.Gyan Shankar, Adv. and Mr.Brisketa Sharan Pandey, Adv. For the State : AC to SC-XV. ----------- 5 21.05.2010 Learned counsel for the petitioner submits that now the power to recommend or approve for appointment of Headmasters in the High Schools has vested with the Bihar Public Service Commission under 2004 Rules. In the circumstances, petitioner is permitted to add the Bihar Public Service Commission as party respondent no. 4 in the writ application in course of the day. From Annexure-4 dated 28.12.1991 to Annexure-9 dated 4.9.2000, it appears that there has been numerous correspondences between the 2 Department and the Vidyalaya Sewa Board in respect of proposal of Department for promotion of the petitioner as Headmaster in the School, but no final decision has been taken on the same. From the counter affidavit also it appears that no final decision has been taken in the matter by the competent authority as it has been specifically stated in the counter affidavit that the proposal is still pending in the Board’s office for final decision. Learned counsel for the petitioner submits that the petitioner has superannuated from service with effect from February, 2002 and, therefore, the petitioner will be entitled to notional benefits only in case the proposal of the Department is approved by the competent authority. He also submits that the case of the petitioner has to be considered by the competent authorities in terms of the letter no.510 dated 20.11.1981. However, he does not dispute that the final decision has to be taken on the proposal of the Department and now that the competent authority is the respondent Commission, the Commission should be directed to 3 consider the matter and pass appropriate orders in respect of the said proposal of the Department as expeditiously as possible. In the circumstances, this writ application is disposed of with a direction to the respondent Commission to consider the said proposal of the Department for promotion of the petitioner as regular Headmaster of the School in terms of the said letter of the Government. The Commission shall call for records from any other Department or authority, if required, and take a final decision in the matter, preferably within a period of three months from the date of receipt/production of a copy of this order. For convenience of the Commission petitioner may also file a representation along with all correspondences and letters between the Department and the Vidyalaya Sewa Board or any other document which may facilitate an early decision in the case by the Commission. Arvind/ (J. N. Singh, J.)