IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13285 of 2009 1. AWADH KISHORE RAI S/O LATE GIRVAR RAI R/O FAREH, P.S. CHAUTHAM, DISTT.- KHAGARIA AT PRESENT HEADMASTER, MIDDLE SCHOOL, SAMASPUR, P.S. GOGRI, DISTT.- KHAGARIA ….. PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF PRIMARY AND ADULT EDUCATION, GOVT. OF BIHAR, PATNA 3. JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 5. REGIONAL DEPUTY DIRECTOR OF EDUCATION, MUNGER 6. DISTRICT MAGISTRATE, KHAGARIA 7. DISTRICT ESTABLISHMENT EDUCATION COMMITTEE THROUGH ITS SECRETARY, KHAGARIA 8. DISTRICT SUPERINTENDENT OF EDUCATION, KHAGARIA …. RESPONDENTS 1ST SET. 9. JANARDAN PASWAN S/O NOT KNOWN TO THE PETITIONER AT PRESENT TRANSFERRED AND POSTED AS HEADMASTER, MIDDLE SCHOOL, SHREE SIRNIA, GOGARI, DISTT.- KHAGARIA …… RESPONDENTS 2ND SET. ----------- 02/ 07.01.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of the order contained in Memo No. 675 dated 1.8.2009 issued by the District Superintendent of Education, Khagaria, whereby one Janardan Paswan, Headmaster of Kanya Madhya Vidyalaya, Gogari has been transferred as Headmaster, Middle School Shree Sirnia, Gogari. The middle school Shree Sirnia, has been identified and earmarked as Drawing and Disbursing School of all middle schools in Gogari Block and any one, who is either posted as Headmaster or - 2 - made Incharge Headmaster of the school will be the Drawing and Disbursing authority for all the middle schools situated within the Gogari block. It has been submitted by the petitioner’s counsel that in this regard, who will be posted as Headmaster or Incharge Headmaster of earmarked Drawing and Disbursing school, is always decided on the basis of the seniority of the teachers, but while issuing the impugned order dated 1.8.2009, that has been ignored. Though, the petitioner is the senior most teacher, next to Jaiprakash Sharma, who was earlier posted as Incharge Headmaster of Middle school, Shree Sirnia, Sri Janardan Paswan has been made incharge in place of the petitioner, who is much junior to him. For redressal of his grievance petitioner has already represented before the Director, Department of Primary Education, Govt. of Bihar, Patna, which is still pending. Accordingly, this application is being disposed of directing the respondent no. 4 to dispose of the petitioner’s representation within four weeks from the date of production / communication of this order. DKS/ (Mridula Mishra, J.)