IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11053 of 2009 KAMLESH SHARMA Versus THE STATE OF BIHAR & ORS ----------- 2. 15.10.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Counsel for the petitioner is permitted to implead the Director, Primary Education, Govt. of Bihar as respondent No.7. Petitioner has prayed for a direction to the authorities for allowing him to discharge the duties of in-charge, headmaster in Primary School, Gajadhar Chak under Danapur block, in the district of Patna. There is a dispute in between the petitioner and respondent No. 6 regarding seniority. Petitioner claims to be senior to respondent No. 6. Orders which have been brought on record, indicate that the District Superintendent of Education, Patna and Block Education Officer, Danapur are passing different orders in favour of the petitioner and respondent No. 6. The District Superintendent of Education, Patna is passing order in favour of the petitioner treating him senior to respondent No. 6 and is directing to discharge the duties of in-charge, headmaster, on the other hand, the Block Education Officer, Danapur, Patna is passing order in favour of the respondent No. 6. Considering these situations, it is desirable that a superior authority should consider the matter and decide the seniority in between the petitioner and respondent No. 6, and, 2 accordingly, pass an order for discharging the duties of in-charge, headmaster in the concerned school. The petitioner is directed to file a representation before the Director, Primary Education, Govt. of Bihar within three weeks from today. In case of filing such representation, the Director will issue notice to respondent No. 6 and fix a date for hearing giving opportunity to respondent No. 6 for dissolving these disputes and decide the seniority in between the petitioner and respondent No. 6. He will issue an order in favour of either the petitioner or the respondent No. 6 for discharging the duties of in-charge, headmaster in Primary School, Gajadhar Chak, Danapur. This writ application is accordingly, disposed of. AKV/ (Mridula Mishra, J.)