IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15395 of 2010 1. MAYA KUMARI W/O SHRI UMESH CHANDRA MISHRA R/O VILL. AND P.O.- BAJIDPUR, P.S.- PATEPUR, DISTT.- VAISHALI, PRESENTLY WORKING AS IN-CHARGE HEADMISTRESS, UPGRADED MIDDLE SCHOOL, RAGHOPUR BAJIDPUR SHEO MANDIR, P.O.- PATEPUR, DISTT.- VAISHALI Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI 3. THE BLOCK EDUCATION EXTENSION OFFICER, PATEPUR 4. SMT. INDU DEVI W/O SHRI CHANDESHWAR MISHRA ASSISTANT TEACHER, UPGRADED MIDDLE SCHOOL, RAGHOPUR BAJIDPUR SHEO MANDIR, P.O.- PATEPUR, DISTT.- VAISHALI FOR THE PETITONER:SHRINANDAN PRASAD SINGH ASHOK KUMAR SURENDRA PRASAD SINGH FOR THE STATE:- MR.SHEOJEE PRASAD (G.P.II) ----------- 2. 29.04.2011 Heard learned counsel for the petitioner and learned counsel for the State. Merely because the petitioner has been working as an Incharge headmistress of the school in question, since the year 1994 it does not mean that she gets a right to superannuate in that position and till she superannuates she cannot be asked to and over charge of the institution in any situation. By virtue of Annexure 4 now admittedly some body i.e. respondent no.4 who happens to be senior to the petitioner has not been posted and the petitioner has now been asked to hand over the charge . If the private 2 respondent is admittedly senior then petitioner has to make way, more so when she does not have a statutory or a fundamental right to hold on to the post in question. The writ has not merit, it is dismissed. Nitesh (Ajay Kumar Tripathi,J.)