IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5628 of 2008 Kiran Kumari, Wife of Sri Ashok Kumar Choudhary, resident of Village Kansi, Police Station Simari, District Darbhanga, Trained Panchayat Teacher, Primary School, Nayatola, Gram Panchayat, Village Kansi, P.S. Simari, District Darbhanga…………………………………....Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Department of Human Resources Development, Government of Bihar, New Secretariate, Bailley Road, Patna. 3. The Divisional Commissioner, Darbhanga, District Darbhanga. 4. The District Magistrate, Darbhanga, District Darbhanga. 5. The District Superintendent of Education, District Darbhanga. 6. The Block Development Officer, Sadar Block, District Darbhanga. 7. Sri Kailashpati Yadav, the Block Education Extension Officer, Sadar Block, District Darbhanga. 8. Sri Ram Prakash Poddar, Panchayat Sewak, Gram Panchayat, Village Kansi, P.S. Simari, District Darbhanga. 9. Dr. Pawan Kumar Choudhary, son of Sri Sarv Narayan Choudhary, Mukhiya, Gram Panchayat, Village Kansi, P.S. Simari, District Darbhanga. 10. Smt. Sunita Devi, an Assistant Untrained Panchayat Teacher and acting Headmistress, Primary School Nayatola, Kansi, Gram Panchayat, P.S. Simari, District Darbhanga……………………………………………………..……Respondents ----------- For Petitioner: M/s Ashutosh Pandey, Dharmesh Kr. Shrivastava & Ajay Kr.Thakur No.2, Advocates For the State: Mr. S.D. Sanjay, A.A.G. No.12 With Mr. Gopal Pd. Gupta, A.C. to A.A.G. 12 For Respondent: M/s Subodh Kr. Jha & Nos.8, 9 and 10 Amarendra Kumar, Advocates 4 26.07.2011 Heard learned counsel for the petitioner as well as learned counsel for 2 the respondents. The dispute in this case is in respect of Incharge Headmistressship. The submission of learned counsel for the petitioner is that District Superintendent of Education, by order dated 15.03.2008 as contained in Annexure-C with the counter affidavit, has already directed the private respondent to hand over charge of Incharge Headmistress to the petitioner. However, it is stated that the said order of the District Superintendent of Education is not being complied with by the private respondent. Learned counsel for the petitioner submits that this order has created an anomalous situation in the school and petitioner has been compelled to leave the school as she is not being allowed to join the school and she is not getting her salary. Since the District Superintendent of Education, Darbhanga has passed the order, it is he, who has to see to it that his orders are complied with in order to restore harmony and peace in the school in 3 the interest of teaching of the school. The concerned authority of the District shall see to it that this controversy is resolved and teaching in the school continued in peaceful and congenial atmosphere. For this purpose, the authority shall pass specific orders and see that the same is implemented and he will also consider whether the atmosphere of the school can be improved by transferring one teacher or the other to different school. In this regard, steps must be taken by the concerned respondent within two months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)