IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14916 of 2009 1. CHANDRA MUALI PATHAK S/O SRI RAM NANDAN PATHAK VILL- MAKANDPUR, P.S WARISALIGANJ, DISTT- NAWADA, AT PRSENT POSTED AS HEAD MASTER GOVT. KANYA MIDDLE SCHOOL, WARISALIGANJ, NAWADA 2. SATISH KUMAR SINHA S/O LATE DEVI PD. SINHA AT PRESENT POSTED AS HEAD MASTER, GOVT. MIDDLE SCHOOL, TEYAR (AKBARPUR) P.S. AKBARPUR, DISTT- NAWADA Versus 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 3. THE DISTRICT EDUCATION COMMITTEE, NAWADA, THROUGH ITS CHAIRMAN, THE COLLECTOR NAWADA 4. THE COLLECTOR - CUM - DISTRICT MAGISTRATE, CUM- CHAIRMAN OF DISTRICT EDUCATION COMMITTEE NAWADA 5. DISTRICT SUPERINTENDENT OF EDUCATION NAWADA ----------- 02/ 15.02.2010 Heard counsel for the petitioners and counsel appearing for the State. Petitioners were provisionally promoted to the post of Head Master in the year, 1992. This was an ad interim arrangement without creating permanent right in favour of the petitioners. Earlier petitioners had moved before this Court for a direction to grant them salary admissible to the post of Head Master by modifying the order of D.E.O. dated 17.5.2000. In the writ application, I.A. No. 6574 of 2000 was filed for confirmation of promotion to the post of Head Master. C.W.J.C. No. 11267 of 2000 was dismissed for non-prosecution, petitioners filed M.J.C. No. 2872 of 2009 for restoration - 2 - which was also dismissed. Present writ application has also been filed for a direction to respondents to confirm petitioners as Head Masters with all consequential benefits, because ad interim arrangement made in the year, 1992 has now been cancelled. Counsel for the petitioners submits that there was no reason for cancelling it. I find that since the arrangement was a provisional one, no vested right had been created in favour of petitioners. As informed, final gradation list is being prepared by the department, for promotion purposes. It is expected that petitioners’ case will also be considered. In case, it is not considered they will have a cause of action. However, the counsel for the petitioners submits that a similarly situated B.A. trained teacher has been allowed promotional post of Head Master and petitioners’ case is not being considered, for this they have approached before the authorities by filing their representation, which is pending. In case, it is so, they may pursue their representation and the respondents are expected to consider and decide the representation filed by the - 3 - petitioners preferably within four weeks from the date of production/communication of this order. This writ application is dismissed. DKS/ (Mridula Mishra, J.)