IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4109 of 1997 1. Raj Karan Singh, Son of Balak Singh, Incharge Headmaster, Middle School Karsaut, Police Station Daraunda, District Siwan. 2. Chandrika Singh, Son of late Triveni Singh, Assistant Teacher, Middle School Sawan Bigrah, Police Station Daraunda, dist. Siwan. 3. Ramadhar Singh, Son of late Pujan Singh, Incharge Headmaster, Middle School, Balaun, P.S. Maharajganj, District, Siwan. ------- Petitioners Versus 1. The State of Bihar. 2. The Director, Primary Education, New Secretariat, Patna. 3. The District Superintendent of Education, Siwan. 4. The District Establishment Committee, Siwan through the District Superintendent of Education, Siwan. ---------- Respondents ----------- 5 08.07.2010 Heard Mr. Rajendra Prasad Singh, learned senior counsel for the petitioners and counsel for the State. The prayer of the petitioners in this writ application reads as below:- “1. That this is an application for issuance of appropriate writ(s)/ direction(s) directing the respondents to promote the petitioners on the post of Headmaster with effect from 28.5.1983 as several juniors to the petitioners have been promoted as Headmasters and to give all consequential benefits of service including seniority, payment etc. with interest. It is also for issuance of appropriate writ for placing juniors to the petitioners below in the seniority list of teachers.” 2 Mr. Singh would invite attention of this Court towards the order dated 8.12.2008 wherein it was observed as follows:- “The petitioners are seeking promotion to the post of Headmaster and are also demanding consequential benefits on account of the fact that the juniors to them have been granted promotion and benefit of a higher scale. I, accordingly, direct that the order passed in C.W.J.C. No. 5815 of 1997 disposed of on 8.12.2008 should be placed by the Director, Primary Education, Bihar, Patna, before the Principal Secretary, Secondary, Primary and Adult Education, Bihar, Patna. A decision with respect to the claim of the petitioner should be taken by the Director, Primary Education, Bihar, Patna within a period of two months and the State should file an affidavit annexing the decision of the Director, Primary Education, Bihar, Patna.” Counsel for the State has filed supplementary counter affidavit and from the same it appears that the respondents have considered the case of the petitioners and have rejected it by a reasoned order as contained in Annexure-A Series. In the opinion of this Court, such Annexure-A Series will give fresh cause of action to the petitioners and for that, they 3 will have also remedy in law. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)