IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3766 of 1994 DEO NATH SINGH, S/O LATE SRI LAKSHMESHWAR PRASAD SINGH, R/O VILLAGE- MAHISAUR, P.O. MAHISAUR, P.S. JANDAHA, DISTT. VAISHALI. AT PRESENT HEADMASTER, S.P.S. SEMINARY, SONEPUR DISTRICT SARAN. ..............PETITIONER. Versus 1. THE STATE OF BIHAR. 2.SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3.DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 4.REGIONAL DEPUTY DIRECTOR OF EDUCATION, SARAN. 5.REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUZAFFARPUR. 6.DISTRICT EDUCATION OFFICER, SARAN. 7.DISTRICT EDUCATION OFFICER, VAISHALI. 8.SRI K.P. SINHA, EX-DIRECTOR, SECONDARY EDUCATION BIHAR, PATNA AT PRESENT MANAGING DIRECTOR BIHAR STATE TEXT BOOK PUBLISHING CORPORATION, PATNA. .............RESPONDENTS. ----------- 07/ 21.06.2011 Heard counsel for the petitioner. No one appears on behalf of the respondents. In view of the fact that the operation of the impugned order reverting the petitioner from the post of Headmaster to the post of Assistant Teacher has remained stayed under the order of this court dated 12.05.1994 and the fact that the petitioner has also now retired 2 from service, while holding the post of Headmaster on 30.06.2005, this Court would deem it expedient in the ends of justice to quash the impugned order, inasmuch as, it has become academic as the petitioner had continued to work on the post of Headmaster till the date of his retirement. Even otherwise the impugned order cannot be sustained inasmuch as it is an admitted fact that the petitioner was promoted on the post of Headmaster w.e.f 16.09.1991 after following the prescribed procedure including obtaining of a prior favourable recommendation of Vidyalaya Sewa Board holding him to be fit for promotion. Thus merely because the petitioner had asked for shifting the date of his such promotion on the post of the Headmaster from 16.09.1991 to 25.11.1985 and this Court had in the earlier writ petition of the petitioner for this purpose had directed the Director of Secondary Education to consider the said grievance of the petitioner that could not have led to also cancellation of promotion of the petitioner w.e.f. 16.09.1991 and that too without giving a show cause notice and/or opportunity of hearing. The impugned order in fact has been passed arbitrarily and is fit to 3 be quashed on the ground of violation of principles of natural justice. Counsel for the petitioner submits that in view of the stay order, the petitioner had not only continued on the post of the Headmaster but has also been paid his salary and emoluments of the post of Headmaster as also the retiral benefits as per the last pay drawn by the petitioner in capacity of the Headmaster. Counsel for the petitioner in fact would also submit that the petitioner is no longer interested in pressing his claim for promotion on the post of Headmaster w.e.f 25.11.1985 and that he would be satisfied if his such promotion on the post of Headmaster is allowed to stand w.e.f. 16.09.1991 for which there was also a necessary approval accorded by the Vidyalaya Sewa Board. In that view of the matter, this Court would dispose of this writ application by quashing the impugned order and declaring him as a duly promoted Headmaster only w.e.f from 16.09.1991. As the petitioner had already received all the monetary benefits of the post of Headmaster, there would be now no question of any further grant of financial benefit to 4 him on the strength of this order. This application is accordingly allowed only to the extent indicated above. Ranjan (Mihir Kumar Jha, J)