CIVIL WRIT JURISDICTION CASE No. 5391 OF 1989 ***** ( In the matter of applications under Articles 226 & 227 of the Constitution of India ) ****** NARESH PRASAD YADAV, SON OF SHRI DEVENDRA PRASAD YADAV, ACTING HEADMASTER OF MIDDLE SCHOOL, HAJIUR UTARI POLICE STATION AND DISTRICT KHAGARIA ……………….……...PETITIONE VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, KHAGARIA 4. THE ESTABLISHMENT COMMITTEE THROUGH ITS SECRETARY 5. SHRI DHANIK LAL PANDIT, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL DANTOLA, POLICE STATION AND DISTRICT KHAGARIA 6. SHRI BARHE LAL YADAV, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL CHAIDHA BANNI, POLICE STATION AND DISTRICT KHAGARIA 7. SHRI RAMCHANDRA HAZARI, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL BALLICHAND, POLICE STATION GOGARI, DISTRICT KHAGARIA 8. SHRI NAWAL KUMAR, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL PARBATTA, POLICE STATION PARBATTA, DISTRICT KHAGARIA 9. SHRI BRAJENDRA KUMAR, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL SAMASPUR, POLICE STATION GOGARI, DISTRICT KHAGARIA 10. SHRI NARESH PD. SINGH, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL MALIA, POLICE STATION GOGARI, DISTRICT KHAGARIA 11. SHRI JAI PRAKASH YADAV, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL CHANDRANAGAR, POLICE STATION AND DISTRICT KHAGARIA 12. SHRI GULAB CHANDRA SINGH, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL KHAGARIA, POLICE STATION AND DISTRICT KHAGARIA 13. SHRI SURESH PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL KASIMPUR, POLICE STATION AND DISTRICT KHAGARIA 14. MD. SHAKEEL AHMAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF TARA MIDDLE SCHOOL GOGARI, POLICE STATION GOGARI, DISTRICT KHAGARIA 15. SHRI BIJAY KUMAR SINGH, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL BAINAHI, POLICE STATION AND DISTRICT KHAGARIA 2 16. SHRI BRAJENDRA NARAIN, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL MATHURAPUR, POLICE STATION AND DISTRICT KHAGARIA …………………………………………………..…………………….RESPONDENTS ******************** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. No body appears on behalf of the petitioner. 2. This writ application has been filed for grant of promotion to the post of Headmaster and also for quashing of the order dated 26.04.1989 as contained in Annexure-1 by which the private respondents were appointed and posted as Headmasters in different schools in the district of Khagaria. 3. At this stage, the order as contained in Annexure-1 cannot be quashed as several persons may have retired by now. 4. As far as the claim of the petitioner for grant of B.A. Trained Scale is concerned, that aspect of the matter can also not be determined by this Court. 5. The petitioner, if so advised, may file a representation before the Director, Primary Education, Government of Bihar, Patna who will dispose of the representation of the petitioner by passing an appropriate order. 3 6. This application is disposed of with the aforesaid observations. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 23rd MARCH, 2011 N.A.F.R./ANAND