IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2010 OF 2007 1.SUDHIRA KUMARI, D/O SRI PARSURAM THAKUR, R/O VILLAGE BANGRA,P.S MADHWAPUR, DIST. MADHUBANI, AT PRESENT WORKING AS ASSISTANT TEACHER AT GOVT. BASIC SCHOOL MAHMADA, SAMASTIPUR. 2.MD. SAJJAD AKHATAR, S/O LATE MD. SIKANDER HUSSAIN, R/O VILLAGE BAIKA, P.S.SAKATPUR, DIST.DARBHANGA AT PRESENT WORKING AS ASST. TEACHER OF GOVT. BASIC SCHOOL KURSON, MACHITA, DARBHANGA. 3.DEWAKI NANDAN THAKUR, S/O LATE JAIGOVIND THAKUR, R/O VILLAGE MAJHAOURA, P.S.BEHARA, DISTRICT DARBHANGA, AT PRESENT WORKING AS ASST. TEACHER GOVT. BASIC SCHOOL UGHARA, DARBHANGA. 4.SHAYMA NAND MISHRA, S/O SRI RAJENDRA MISHRA, R/O VILL. JAIDEOPATH, P.S GHANSHYAMPUR, DISTT. DARBHANGA, AT PRESENT WORKING AS ASST. TEACHER AT GOVT. BASIC SCHOOL KURSON MACHAITA, DARBHANGA. VERSUS 1.THE STATE OF BIHAR. 2.THE DIRECTOR OF PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 3.THE DEPUTY DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, DARBHANGA,DEVISION, DARBHANGA. 5.THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA. 6.THE DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR. ………………………RESPONDENTS. ----------- 02/ 02.08.2011 Having heard Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner and counsel for the State as with regard to the following relief:- “That this is an application for issuance of appropriate writ(s)/ direction(s), order(s) directing the respondents authority to grant them promotion from subordinate service to subordinate education service w.e.f. 2 the date juniors to the petitioners were promoted and also for issuance of direction to include the names of petitioners in the gradation list prepared and issued with regard to persons of subordinate education service.” and the stand taken by the respondents in their counter affidavit reading as follows:- “(iii)That the special secretary cum director, Primary Education, Bihar, Patna, under his letter dated 03.08.2007 had directed , all the Regional Deputy Director to include the name of the all those teacher (who are teacher in the Govt. basic school and appointed by the District Superintendent of Education and who have filed writ petitions) in the (Pramndaliya) state cadre gradation list. iv. That in compliance of the Direction/Instruction contained in letter dated 03.08.2007, issued under the signature of the special secretary cum Director, Primary Education, the Regional Deputy Director, Darbhanga Division, Darbhanga,has sent the name of all the 4 (four)writ petitioners for adding their names in the State level gradation list after fixing their position, for promotion. 4.That in view of the aforementioned facts, it is crystal clear that grievances of the petitioner is going to be redressed, action has already been taken, and writ petition is fit to be dismissed.” it would thus become clear that the grievances of the petitioners were already redressed when such counter affidavit was filed on 10.03.2008. It is accordingly hoped and believed 3 that when the Special Secretay cum Director of the department had already directed Regional Deputy Director to include the names of the petitioners, the consequential decision as with regard to the petitioners must have been taken by now. If, however, for any reason such decision has not been taken by the concerned respondents, this Court would direct that in view of the aforementioned stand taken by the respondents in their counter affidavit, the consequential orders must be passed for giving due benefit to the petitioners to which they are entitled in law within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)