IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3292 of 2007 1. DR.NEETEESHWAR PANDEYA, son of Sri Bali Ram Pandey, resident of village Amnour, P.S. Aurai, District Muzaffarpur 2. Dr. Madhukar Prasad Singh, son of Sri Dinkar Prasad Singh, resident of village Mahamadpur Baya, P.S. Saraiya, District Muzaffarpur 3. Balistha Rai, son of Sri Raodi Rai, resident of village Parahiya, P.S. Saraiya, District Muzaffarpur 4. Mahesh Kumar, son of late Kashi Tanti, resident of village Khushal Chak, P.S. Bhadaur, District Patna ... Petitioners Versus 1. THE STATE OF BIHAR 2. The Commissioner and Secretary, Human Resources Development Department, Bihar, Patna 3. The Director (Primary Education), Bihar, Patna ... Respondents ----------- 14. 30.9.2010 Having heard counsel for the petitioners and the counsel for the State in respect of the following relief: “(i) For issuance of an appropriate writ for quashing of the resolution contained in Memo No. 1638 dated 11.10.2006 issued under the signature of the respondent no.2 by which it has been decided to appoint on adjustment the retrenched Supervisory staffs of Adult Education, retrenched from posts of Clerk cum Accountant and Clerk cum Typist on the vacant posts of B.E.E.O. of S.E.S. cadre. (ii) For issuance of an appropriate writ/ direction directing and commanding the respondents to 2 consider the cases of the members of the Lower Sub-ordinate Service (hereinafter to be referred as L.S.S.) including the petitioners and to promote them on the vacant posts of S.E.S. cadre immediately with all consequential benefits w.e.f. the date of posts of S.E.S. fell vacant.” and taking into account that the issue stands settled in the judgment dated 10.5.2007 in C.W.J.C.No. 4257/2007 (Ashok Kumar Giri & ors. vs. State of Bihar & ors.) which also stands affirmed by the Division Bench in L.P.A.No. 460/2007 and its analogous cases disposed of on 30.7.2009 it must be held that that whatever challenge was made by the petitioner to the absorption/ adjustment of the retrenched employee of Adult Education in Bihar Subordinate Education Service must be deemed to have been decided against the petitioners and therefore, the prayer made by the petitioners in this writ application is also answered in the same terms as per the judgment of this Court dated 10.5.2007 in C.W.J.C.No. 4257/2007 and its affirmance by the order dated 30th July, 2009 in L.P.A.No. 3 460/2007 and its analogous cases. At this stage Mr. Tewari would submit that even when there has been a direction by the Division Bench in the order dated 30.7.2009 to expedite the promotion of the members of L.S.S. against the available vacancies in S.E.S. and complete the process in a period of six months, the said exercise has not been fully completed, inasmuch as the first batch has been notified on 6.1.2010. In the opinion of this Court if there is already an observation in the aforementioned order the authorities are always expected to act in accordance with law, especially when even this case is being disposed of in terms of ultimate orders and directions given in L.P.A.No. 460/2007 and its analogous cases. With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/