IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2994 of 2007 HARISHANKAR PANDEY, S/O LATE YAMUNA PANDEY, R/O VILLAGE-SIKROL, P.S.-SIKROL, DISTRICT-BHOJPUR. …………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF BIHAR. 2. THE DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA, INTERMEDIATE COUNCIL BHAVAN, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 4. THE DISTRICT EDUCATION OFFICER, BHOJPUR. 5. THE HEADMASTER/IN-CHARGE HEADMASTER, NIHAL PANDEY HIGH SCHOOL, SIKROL BHOJPUR. ………………RESPONDENTS. ----------- 2 06.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application the petitioner has claimed that before take over of the school he had been appointed by the Managing Committee on the post which was designated as Clerk-cum-Teacher. Therefore, in terms of the Government letter dated 26.01.1978, annexed as Annexure-2, he has entitled for promotion to the post of teacher upon take over of the school. Learned counsel for the petitioner submits that petitioner has already filed a representation before the Director, Secondary Education, a copy whereof is annexed as Anneuxre-3. He submits that the writ application may be disposed of with a direction to the respondent-Director to consider his representation and dispose it of in accordance - 2 - with law. Learned counsel for the State submits that matter is old one involving question of fact as well as question of law which has to be gone into for consideration of the claim of the petitioner. In view of submissions of learned counsel for the parties, this writ application is disposed of with a direction to the respondent-Director to consider the representation of the petitioner and ascertained the factual as well as legal position in the matter and pass appropriate orders on the same in accordance with law preferably within a period of three months from the date of receipt/production of a copy of this order. It is made clear that this Court has not at all gone into either factual or legal aspect of the matter which has to be independently examined and decided by the respondent-Director strictly in accordance with law. Arvind/ (J. N. Singh, J.)