IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4474 of 1999 1. Bihar Rajya Rajkiya Buniyadi Vidyalaya Shikshak Sangh, through its Secretary of Tirhut Division unit, Sunil Kumar, son of late Deo Nandan Rai, resident of village Bathana, P.S. Ahiyapur, District Muzaffarpur 2. Bihar Rajya Rajkiya Buniyadi Vidyalaya Shikshak Sangh, Tirhut Division, Muzaffarpur through its President Awadhesh Prasad Shahi, son of Sri Nand Kishore Prasad Shahi, resident of village Birpur, P.S. Kanti, District Muzaffarpur 3. Dr. Onkar Prasad Singh, son of late Ram Chandra Singh, Assistant Teacher, Govt. Basic School, Mauna, P.S. Goroul, District Vaishali 4. Pratima Kumari, wife of Sri Ram Swarath Singh, Assistant Teacher, Govt. Basic School, Wasrispur, P.S. Bhagwanpur, District Vaishali 5. Binda Mahto, son of Sri Raj Ballabh Mahto, Vice President of Bihar Rajya Rajiya Buniyadi Vidyalaya Shikshak Sangh of Tirhut Division, Resident of village Dhanaiya, P.S. Shahibganj, District Muzaffarpur 6. Saroj Kumar Singh, son of Sri Baidya Nath Singh, President of Bihar Rajya Rajkiya Buniyadi Vidyalaya Shikshak Sangh of Patna Division, Patna and Joint Secretary of State Unit resident of village Kariawan, P.S. Masaurhi, District Patna 7. Binod Kumar Singh, son of late Satya Narain Singh, Joint Secretary of Bihar Rajya Rajkiya Buniyadi Vidyalaya Shikshak Sangh of Tirhut Division, Muzaffarpur resident of village Jhitkahi, P.S. Sheohar (Shyampur), District Sheohar … Petitioners Versus 1. The State Of Bihar 2. The Secretary to Government, Finance Department, Govt. of Bihar, Patna 3. The Secretary, Secondary, primary and Adult Education Department, Bihar, Patna 4. The Director (Primary Education), Secondary, Primary and Adult Education Department, Bihar, Patna … Respondents ---------------------------------- 8. 9.8.2011 Heard Mr. Dilip Kumar Tiwari, learned counsel for the petitioner and the learned counsel for the State. The grievance of the petitioners as with regard to abolition of the cadre of Lower Subordinate Service and their merger in the category of general teachers stands answered by a counter affidavit filed by the respondents, wherein it has been stated as follows: 2 “5. That it is stated and submitted that the instant writ application has been filed by the petitioner on the basis of mere apprehension. No cause of action till today is taken by the State Govt. against the L.S.S. cadre and still the said cadre is enjoying the same facilities as it was previously provided to them. Hence, no cause of action is under challenge in this writ application and as such, it is not maintainable. 6. That the reality of this cadre is clearly mentioned and well accepted in the supplementary affidavit filed by the petitioner, it is evident that they are getting the same promotional facility as was provided to them previously.” In that view of the matter, this application has become infructuous and is disposed of accordingly with the liberty that if in future any decision in this matter adverse to the interest of the petitioners is taken they will have the liberty to move this Court again for assailing such order. (Mihir Kumar Jha,J.) Surendra/