Chandramauli Kumar Prasad, J.

1. This application has been filed for quashing the order dated 22.12.1999 passed by the Director of.Primary Education, whereby the prayer made by the petitioner for extension of service by one year has been turned down.

2. Short facts giving rise to the present application are that the petitioner at the relevant time was Headmaster of Government Middle School, Hajipur in the district of Vaishali and for meritorious service, he was conferred the State Award on the Teachers Day i.e. 5th of September, 1992. Petitioner had attained the normal age of superannuation in March, 1996 and therefore, was to retire with effect from 1.4.1996.

3. The State Government had come out with a policy to grant extension of service by one year to such teachers who are the recipient of the State Award. However, by resolution dated 23rd of May, 1996 (Annexure-13), the State Government modified its policy and resolved to give cash-award of Rs. 10.000.00 to such teachers who have got the State Award. Petitioner, before attaining the age of superannuation, requested for extension of service by one year on account of the policy decision prevailing on his normal date of retirement. The District Superintendent of Education, by its letter as contained in memo dated 2.11.1995 (Annexure-3), forwarded the claim of the petitioner for decision to the Director of Primary Education, recommending extension of the petitioners service.

4. According to the petitioner, he continued to function as Headmaster of the School beyond the normal age of superannuation and worked till 31.3.1997. However, when no final decision in regard to the extension of service was taken, he filed CWJC No, 3119 of 1996, Mosaheb Sharma V/s. The State of Bihar and Ors., before this Court. This Court, by order dated 3.7.1996 (Annexure-5), disposed of the writ application with liberty to the petitioner to file representation and direction to the competent authority to dispose of the same in the light of the order of this Court dated 26.4.1996 passed in CWJC No. 11354 of 1995, Ram Nandan Sharma V/s. The State of Bihar and Ors..

5. When no decision was taken, petitioner approached this Court again by filing CWJC No. 11436 of 1998, Musaheb Sharma V/s. The State of Bihar and Ors., and this Court, by order dated 10.2.1999 disposed of the writ application in the following words:

"It appears that the petitioner continued in service without such extension till 1st April, 1997, but has not received salary. In that view of the matter, this Court directs the respondents authorities to consider the petitioners application for extension of service at least for the first year and pass order within a period of three months from the date of service of a copy of the order upon respondent No. 2. This Court does not pass any order for granting any extension of service of the petitioner except for the first year. The writ petition and the I.A are thus dispose of."

6. As directed, the Director of Primary Education considered the claim of the petitioner and the impugned order as contained in memo dated 28.12.1999 (Annexure-14), rejected the claim of the petitioner for extension.

7. Although this writ application was filed as back as on 15.2.2000, after service of a copy of the same on the respondents but they have not chosen to file any counter affidavit.

8. Mr. Partha Sarthy, learned counsel appearing on behalf of the petitioner, raises a very short point. He submits that the petitioner in normal course would have superannuated on 1.4.1996 and on that date policy prevailing entitled the petitioner for extension of service by one year. He submits that the modification of the policy by the State alone by its resolution dated 23.5.1996, shall have no bearing at all and that shall not divest the right of the petitioner. In support of his submission, he has placed reliance on an unreported decision of this Court dated 22.1.1996 passed in CWJC No. 6502 of 1996, Ram Ekbal Tiwary V/s. T