IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.853 of 2001 SMT. MALTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 10. 08.04.2009 Heard learned counsel for the petitioner and the State. The issue in this application relates to a direction for salary to the petitioner from 1.1.1989 and current salary also. It is her case that she was appointed as Music teacher in the erstwhile Middle School taken over and designated as Project School. The impugned order dated 21.7.2008 seeks to deny her the benefit of the appointment on take over on the plea of non-availability of post. At this stage, this Court does not consider it necessary to state anything further than that the impugned order dated 21.7.2008 read in its entirety makes it very apparent that the recitals therein with regard to the petitioner are not final and are merely tentative. The finality shall depend on the decision that may be taken by the Director, Secondary Education upon the same in terms of paragraph 2 of the very same order. The order of this Court dated 26.2.2005 noticed the stand of the State from the counter affidavit filed by the Director that a similar matter is pending before the Supreme Court at the behest of the State and that the case of the petitioner shall necessarily be affected by the order that may be passed by the Supreme Court in that regard. 2 Counsel for the petitioner submits that Civil Appeal No. 6626-6675 of 2001 (State of Bihar & ors. V. Project Uchcha Vidyalya Sikshak Sangh & ors.) has been disposed on 3.1.2006 with certain directions and observations. This writ application is disposed with directions to the Director, Secondary Education to take a decision with regard to the claims of the petitioner in light of the decision of the Supreme Court referred to above. It is made clear that any observation in the order dated 21.7.2008 with regard to the petitioner shall neither be an obstruction or an impediment in such fresh consideration by the Director after fresh application of mind in light of the order of the Supreme Court referred to above. Let such decision be taken within a maximum period of four months from the date of receipt and/or production of a copy of this order. AKS/ (Navin Sinha, J.)