IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8030 of 2010 1. RAM SEWAK SINGH S/O LATE ARJUN SINGH R/O MOH MOHANPUR PUNAICHAK DEVI MANDIR, P.O.&P.S.SHASTRI NAGAR, DISTT-PATNA AND PERMANENT RESIDENT OF VILL- SISOONA, P.S.& P.O.PANDAUL, DISTT-MADHUBANI Versus 1. THE STATE OF BIHAR 2. CHAIRMAN MAITHILY ACADEMY SHIVPURI, PATNA 3. DIRECTOR-CUM-SECRETARY , MAITHILY ACADEMY SHIVPURI, PATNA 4. FINANCE COMMISSIONER, FINANCE DEPT. GOVT. OF BIHAR, PATNA 5. PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEPARTMENT GOVT. OF BIHAR, PATNA 6. DIRECTOR (HIGHER EDUCATION ) HUMAN RESOURCES DEPARTMENT GOVT. OF BIHAR, PATNA ----------- For the petitioner : Mr. Shyamlendra Kumar, Advocate. For the Maithili Academy: Mr. J.N.Thakur, Advocate. For the State : Mr. Amitabh Bhardwaj, S.C.-21. ==== 2. 18.05.2010. Heard learned counsel for the petitioner, State and Sri J.N.Thakur, learned counsel for the Maithily Academy. 2. Petitioner is aggrieved by the order issued by the Director, Higher Education dated 5.4.2010, Annexure-1, whereunder promotion granted to him by the Maithily Academy on the post of Assistant Director has been cancelled. From perusal of Memo dated 4.5.2000, Annexure-3 it is evident that petitioner was promoted on the post of Assistant Director but he was not allowed the scale of the promoted post as he was to be paid salary of the post he was holding earlier. Such arrangement continued until the retirement of the petitioner i.e. 31.3.2009. After the retirement of the petitioner aforesaid order dated 5.4.2010 cancelling his promotion was made under Annexure-3. Counsel submitted that order dated 4.5.2000, Annexure-3 has been passed without notice to the petitioner. 3. Any order detrimental to the interest of the petitioner passed without notice to him is nullity in the eye of law. In the circumstances, petitioner is permitted to represent before the Director, Higher Education that there is no justification for passing the order cancelling his promotion dated 5.4.2010 annexing a copy of my order and the representation be considered and disposed of by the Director, Higher Education in accordance with law within a reasonable time, in any case not exceeding three months. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)