CIVIL WRIT JURISDICTION CASE No. 3907 OF 1991 ***** ( In the matter of applications under Articles 226 & 227 of the Constitution of India ) ****** 1. RAJA RAM, SON OF SHREE FAGU LAL, ASSISTANT TEACHER OF MIDDLE SCHOOL KHASGANJ, POLICE STATION BIHARSHARIF, DISTRICT NALANDA 2. RAMJI PRASAD, SON OF LATE MUNSHI MAHTO, ASSISTANT TEACHER OF MIDDLE SCHOOL SAKUCHISARAI, POLICE STATION GIRIAK, DISTRICT NALANDA 3. RAGHUNATH PRASAD, SON OF LATE DOMAN MAHTO, ASSISTANT TEACHER, MIDDLE SCHOOL SAKUCHISARAI, POLICE STATION GIRIAK, DISTRICT NALANDA 4. RAMNANDAN PRASAD, SON OF LATE CHAMARI MAHTO, HEADMASTER OF PRIMARY SCHOOL HASANPUR, POLICE STATION GIRIAK, DISTRICT NALANDA 5. MATHURA PRASAD, SON OF LATE RAMLAL MAHTO, ASSISTANT TEACHER, MIDDLE SCHOOL, DHOBIBIGHA, POLICE STATION ASHTHAMA, DISTRICT NALANDA ………………………………………………………………….……...PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, NALANDA THROUGH THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA 5. SHRI KAPILDEO PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL PANDITPUR, POLICE STATION RAJGIR AND DISTRICT NALANDA 6. SHRI AMRENDRA KUMAR SINGH, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL BHAGWANPUR, POLICE STATION AND DISTRICT NALANDA 7. SHRI SATENDRA KUMAR, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL PAHARPUR, POLICE STATION BIHARSHARIF, DISTRICT NALANDA 8. SHRI BIRENDRA KUMAR, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL KHANDAKPAR, POLICE STATION BIHARSHARIF, DISTRICT NALANDA 9. SHRI RAJENDRA PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL, KESHOPUR, POLICE STATION HILSA, DISTRICT NALANDA 10. SHRI RAJENDRA PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL BESBAK, POLICE STATION ISLAMPUR, DISTRICT NALANDA 2 11. SHRI JAMUNA PRASAD,, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL PATAMPURA, POLICE STATION ISLAMPUR, DISTRICT NALANDA 12. SHRI MAHENDRA PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL PATASANG, POLICE STATION RAHUI, DISTRICT NALANDA 13. SHRI SHIV BALAK PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL CHABILAPUR, , POLICE STATION RAJGIR, DISTRICT NALANDA 14. SHRI JAYNANDAN PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF KANYA MIDDLE SCHOOL BALEY, POLICE STATION EKANGARSARAI, DISTRICT NALANDA 15. SHRI UMESH PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL ENDAUT, POLICE STATION HILSA, DISTRICT NALANDA 16. SHRI NAWAL KISHORE GARRAI, SON OF NOT KNOWN, ASSISTANT TEACHER OF KANYA MIDDLE SCHOOL NAI SARAIYA, POLICE STATION BIHARSHARIF, DISTRICT NALANDA 17. SHRI RAJENDRA PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL EKANGARSARAI, POLICE STATION EKANGARSARAI, DISTRICT NALANDA 18. SHRI SUKHDEO YADAV, SON OF NOT KNOW, ASSISTANT TEACHER OF MIDDLE SCHOOL ADAMPUR, POLICE STATION GIRIAK, DISTRICT NALANDA 19. SHRI RAGHUBANSH PRASAD SINGH, SON OF NOT KNOWN, ASSISTANT TEACHER, MIDDLE SCHOOL SAKRORHA, POLICE STATION HILSA, DISTRICT NALANDA 20. SHRI BHAILENDRA KUMAR SINGH, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL ASHTHAMA, POLICE STATION ASTHAMA, DISTRICT NALANDA 21. SHRI BRIJBIHARI PRASAD SINHA, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL BHANSHASUR, POLICE STATION BIHARSHARIF, DISTRICT NALANDA 22. SHRI SACHCHIDANAND SHARMA, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL, EKANGARSARAI, POLICE STATION EKANGARSARAI, DISTRICT NALANDA 23. SHRI BACHHU PRASAD, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL OF THARTHARI, POLICE STATION CHANDI, DISTRICT NALANDA 24. SHRI BALESHWAR PD. YADAV, SON OF NOT KNOWN, ASSISTANT TEACHER OF MIDDLE SCHOOL MAGHARA, POLICE STATION BIHARSHARIF, DISTRICT NALANDA …………………………………………………..…………………….RESPONDENTS ******************** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN 3 O R D E R Sheema Ali Khan, J. No body appears on behalf of the petitioners. 2. This writ application has been filed for grant of promotion to the post of Headmasters and also for quashing of the order dated 27.03.1991 as contained in Annexure-1 by which the private respondents were appointed and posted as Headmasters in different schools in the district of Nalanda. 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 petitioners for grant of B.A. Trained Scale is concerned, that aspect of the matter can also not be determined by this Court. 5. The petitioners, if so advised, may file a representation before the Director, Primary Education, Government of Bihar, Patna who will dispose of the representation of the petitioners by passing an appropriate order. 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