IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11325 of 2009 DR.RADHE SHYAM RAI . Versus THE STATE OF BIHAR & ORS . 2 29.10.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner has prayed for quashing the order dated 21.8.2009 issued by the Regional Deputy Director, Bhagalpur Division, Bhagalpur contained in Memo No. 646, whereby the operation of order dated 17.8.2009 has been stayed till receipt of further guidelines from the Department. Petitioner’s case is that by notification dated 23.6.2009 the State Government has framed rules with regard to seniority in Nationalized High School and pursuant to that notification all circulars and guidelines issued by the Personnel Department relating to seniority matters will have application in the Nationalized High School. Pursuant to this notification petitioner is senior to respondent no.5 and entitled to discharge the duty of Incharge Headmaster in the concerned school. In the light of notification dated 23.6.2009, treating the petitioner senior to Respondent no.5, and order dated 17.8.2009 was issued, whereby the petitioner was asked to discharge the duty of the Incharge Headmaster but by the impugned order dated 21.8.2009, the operation of the order dated 17.8.2009 has been stayed illegally. On perusal of both the orders as well as amended rules, I find that still inter se seniority in between the petitioner and the respondent no.5 is undecided and so far the impugned order is - 2 - concerned, it is an ad -interim order as the Regional Deputy Director is awaiting the guidelines from the Department in this regard. However, petitioner may represent his case before the concerned authority in the Department, which shall be decided in accordance with law, considering the Government Notification dated 23.6.2009, whereby the State Government has framed rules relating to seniority in the Nationalized High School. The representation of the petitioner must be disposed of, preferably within a period of twelve weeks from the date of its filing. The writ application stands disposed of. (Mridula Mishra,J.) A.Kumar -----------