IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1977 of 2002 1.Saryu Ram son of Late Munshi Ram, resident of village Sheopur, P.O. Kutumba, P.S. Naveenagar, District- Aurangabad 2.Dharmu Ram, son of Late Somar Ram, New Kaj Muhalla, Bhitari Bazar, P.O. Aurangabad, District- Aurangabad …… Petitioners Versus 1.The State Of Bihar 2.Director, Primary Education, Govt. of Bihar, Patna 3.The District Magistrate, Aurangabad 4.The District Superintendent of Education, Aurangabad, Bihar, …… Respondents ----------- 5. 08/02/2010 Promotion to two petitioners, which was granted by office order of the District Superintendent of Education dated 30.6.1999, as contained in Annexure-1, was cancelled by another office order dated 24.1.2002, annexed as Annexure-3. It is stated in the counter affidavit that promotion was granted to petitioners without approval of the Establishment Committee and petitioners were not fulfilling the criteria. However, this fact has not been mentioned in Annexure-3. When the case was taken up on 21.2.2002, part of Annexure-3, by which petitioners were directed to deposit differential amount in treasury, was stayed. Learned senior counsel for the - 2 - petitioners admits that petitioners have since superannuated from service. However, he submits that Annexure-1 itself will show that matter was considered by the Establishment Committee and only after its resolution, office order (Annexure-1) was issued. He submits that the grounds for cancellation mentioned in the counter affidavit do not reflect in Annexure-3 by which promotion of the petitioners have been cancelled. Since petitioners have admittedly superannuated, this Court is not inclined to pass any specific order restoring them on the post. However, District Superintendent of Education, who is present in Court, submits that the case of promotion of teachers to the post of Headmaster is also under consideration and detailed exercise is being done in the District. Petitioners’ case shall also be considered in the same from their due date of entitlement and in case it appears that they were entitled to promotion to the post of Headmaster prior to their superannuation, their cases shall be considered for grant of benefit of the same to them. He informs this Court that this exercise - 3 - will be completed in the District latest within four months. This writ application is, therefore, disposed of with a direction to respondent District Superintendent of Education to consider the case of petitioners also within the said stipulated period of four months. Pradeep/ (J. N. Singh, J.)