IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17655 of 2009 1. ARUN TIWARI, SON OF LATE TRIYOGI NATH TIWARI, RESIDENT OF VILLAGE LAGUNAHA, TIWARI TOLA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 2. MOSTT. UMA DEVI, WIFE OF LATE VYAS MISHRA, RESIDENT OF VILLAGE RAI DHURWA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 3. AMIT KUMAR SINGH, SON OF LATE GAURI SHANKER SINGH, RESIDENT OF VILLAGE RAMPURWA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR PATNA. 3. THE DIRECTOR (ADMINISTRATION) CUM JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 4. THE DIRECTOR (PRIMARY EDUCATION), BIHAR, PATNA. --------------- 03. 02.09.2011 Heard learned counsel for the petitioners and the State. 2. Father of petitioner no.1 superannuated while serving in the Subordinate Education Service with effect from 31.12.1995 and thereafter left for heavenly abode. This writ petition has been filed for a direction to the State respondents to grant the father of petitioner no.1 the benefit of merger in the Bihar Education Service, Class-II in the light of the notification dated 7.7.2006 with effect from 23.05.1987. Aforesaid notification of the State respondents having been quashed under order dated 31.10.2007 passed in C.W.J.C. No.10091 of 2006 and 2 analogous matter against which L.P.A. No.418 of 2009 was filed, which was also dismissed under order dated 21.05.2010, against which S.L.P.(Civil) Nos.26675-26676 of 2010 has been filed, which is pending before the Hon’ble Supreme Court. In the circumstances, request of petitioner no.1 to consider the merger of the services of his father in the Bihar Education Service shall be subject to the result of the aforesaid S.L.P. 3. During the pendency of this writ petition the State respondents have issued notification dated 3.10.2007, whereunder other members of the Subordinate Education Service who superannuated prior to 31.12.1995 have been considered and granted promotion in the Bihar Education Service Class-II. It is submitted on behalf of the petitioners that the case of father of petitioner no.1 should also be considered for promotion in the Bihar Education Service Class-II in accordance with law. 4. Let the Director (Administration), Human Resources Development Department, Govt. of Bihar, Patna consider the case of father of 3 petitioner no.1 for promotion in the Bihar Education Service Class-II with effect from the due date in accordance with law as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the Director (Administration), Human Resources Development Department, Govt. of Bihar, Patna. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)