IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12692 of 2009 RAJDEO SINGH . Versus THE STATE OF BIHAR & ORS . 2 11.12.2009 Heard counsel for the petitioner, counsel for the State and counsel appearing for respondent no.5. Counter affidavits have been filed by the State and the respondent no.5. Both are claiming to be senior most teachers working in High School, Warish Nagar, Samastipur. Their claim is that they should be appointed as Incharge Headmaster till date regular and permanent Headmaster appointed and posted in the School. In the year 2005 after the retirement of regular Headmaster petitioner was made Incharge and he continued to discharge his duty. However, respondent no.5 represented his case before the District Superintendent of Education, Samastipur and the District Superintendent of Education, Samastipur has recommended the matter before the Director, Secondary Education. In the counter affidavit filed by the State on behalf of District Superintendent of Education, Samastipur, it is stated that the matter was inquired by him and finding that respondent no.5 is senior to the petitioner, as he was appointed on 17.3.1979 and petitioner on 17.7.1986, the respondent no.5 was made Incharge Headmaster. - 2 - Counsel for the petitioner submits that against the order passed by the District Superintendent of Education, Samastipur a representation has been filed before the Director, Secondary Education, Bihar,Patna but that is still pending. This matter is being disposed of. Pending representation of the petitioner must be considered and decided by the Director, Secondary Education, giving opportunity to both i.e. petitioner and respondent no.5. Final order must be passed within four weeks from the date of production/communication of this order. Whosoever will be found senior, they will be made Headmaster Incharge of the School.. (Mridula Mishra,J.) A.Kumar