IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9018 of 2003 HARIHAR PRASAD CHAUBEYson of late Raghubansh Chaubey resident of village Barasiya P.S. Rajpur District Buxar. Versus 1. THE STATE OF BIHAR 2. The Divisional Establishment Committee through its Chairman, Patna Division, Patna. 3. The Director Primary Education, Bihar, Patna. 4. The Regional Deputy Director of Education, Patna Division, Patna. 5. The District Education Officer, Buxar. 6. The District Superintendent of Education, Buxar. 7. The Sub Divisional Education Officer, Buxar., 8. The Area Education Officer, Buxar. ----------- 3 3.9.2010 Having heard counsel for the parties including the intervener in respect of the following relief as prayed for in this writ application:- “That this application is for issue of appropriate writ of mandamus, order or direction for setting aside the impugned order under Annexure-2 passed by respondent no.4 vide Memo no.2476 dt. 31.12.2002 without assigning any reason and commanding the respondents to give benefit of B.A. Trained pay scale to petitioner as per the decision of Divisional Establishment Committee under Annexure-1 issued vide Memo no.2225 dt. 2.12.2002 and also release the heldup saslary of petitioner from Jan. 2003 and also to grant other consequential benefits to petitioner for which he is found entitled.” and noticing that such prayer is for quashing of an order which itself was/is interim in nature, i.e. only stay of order of promotion of the petitioner, this Court would give liberty to the petitioner to approach the competent authority who had passed the aforesaid impugned order for passing his final order and if the authority finds that the petitioner was appointed/promoted/ absorbed in the Basic School in accordance with law, he will pass 2 an appropriate order for resuming the benefit of promotion to the petitioner failing which he would rescind/recall the promotion of the petitioner. With the aforementioned observation, this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)