IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12531 of 2001 1. JAI PRAKASH PANJIYAR, S/O GHANSHYAM PANJIYAR, R/O COLLEGE ROAD MADHUBANI, P.O. AND DISTRICT MADHUBANI AT PRESENT WORKING AS ASSISTANT TEACHER IN SURAJ NARAYAN SINGH DEO NARAYAN BOYS HIGH SCHOOL, MADHUBANI. 2. RAM BARAN SINGH, S/O RAM KRISHNA SINGH, VILLAGE AND P.O. NAILAGARH P.S. BHAGWANPUR, DISTRICT BEGUSARAI AT PRESENT WORKING AS ASSISTANT TEACHER IN S.N.S.D.N.G.B. HIGH SCHOOL, MADHUBANI. 3. SOHAN LAL SAHU, S/O RAM CHALITRA SAHU, VILLAGE AND P.O.-NARHAIYA, P.S. LOKAHA, DISTRICT DARBHANGA AT PRESENT WORKING AS ASSISTANT TEACHER JANTA HIGH SCHOOL BELWAR MADHUBANI. 4. RAM AKBAL SINGH, S/O BRAJ BIHARI SINGH, VILLAGE BACHHAUNI, P.O. BARKA BISHUNPUR, DISTRICT MADHUBANI AT PRESENT WORKING AS ASSISTANT TEACHER S.A. HIGH SCHOOL, MADHUBANI. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM- SECRETARY, DEPARTMENT OF SECONDARY EDUCATION, BIHAR, PATNA. 2. DIRECTOR, SECONDARY EDUCATION, BUDH MARG, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, DARBHANGA DIVISION, DARBHANGA. 4. DISTRICT EDUCATION OFFICER, MADHUBANI. 5. HEADMASTER JANTA HIGH SCHOOL, BELHAR, DISTRICT MADHUBANI. 6. HEADMASTER, S.A. HIGH SCHOOL, JAFORA (PO), DISTRICT MADHUBANI. …………………RESPONDENTS. ----------- 4 01.07.2009 By order dated 4.12.2001, this writ application was directed to be put up after disposal of C.W.J.C. No. 9719 of 2001. Learned counsel for the respective parties inform this Court that the said C.W.J.C. No. 9719 of 2001 has since been disposed of by order dated 10.12.2001 and the judgment is reported in 2002 (1) PLJR 329. It is also agreed at the bar that the judgment squarely covers the case of the present petitioner as it has been held in the said judgment that for the purposes of time bound promotion services rendered by un- trained teachers appointed prior to 18.09.1972 has to be counted from 2 their initial date of appointment. In the present writ application that was the claim of the petitioners while challenging the order passed by the respondent, Regional Deputy Director of Education, Darbhanga dated 30.07.2001 by which the dates of promotion of the petitioners were shifted and payments made to the petitioners during the period was directed to be recovered. Now that the identical case as mentioned above has been decided by this Court by quashing the identical order of the authorities of shifting of date of promotion and ordering recovery, learned counsels agree that this writ application is fit to be allowed in the light of the said judgment of this Court. Accordingly, this writ application is allowed and Annexure-1, 2, 3 and 4 issued in respect of the four petitioners are quashed. It is held that the ratio and law laid down by this Court in the case of Bharat Prasad Chourasia Vs. the State of Bihar and others as reported in 2002 (1) PLJR 329 shall be applicable in the case of these petitioners also. Arvind/ (J. N. Singh, J.)