Judgment 1. Heard counsel for the parties. 2. The dispute in these two writ petitions involves the question of eligibility of the petitioners for their promotion to the Bihar Subordinate Education Service. They were promoted to the Subordinate Service and posted as Headmistress/headmaster in the respective school which was found to be illegal and cancelled. There is no dispute that the cadre of the teachers of basic schools is division-wise. The petitioners were appointed as Assistant Teachers in basic school. Controversy as to whether they belong to divisional cadre and (sic District) cadre, however, arose as they were appointed by the District Superintendent of Education and not by the Regional Deputy Director of Education who is the appointing authority with respect to the Assistant Teachers of Basic Schools. Those appointed by District Superintendents of Education are borne on district cadre. It appears from the impugned order of the Director, Primary Education itself that the District Superintendent of Education was empowered to make appointments in exigency of situation vide notification No. 2412 dated Section 5.11.81. But the said notification mainly conferred the power of appointment on the District Superintendent of Education. So far the question of cadre is concerned, there was no change in the position. In other words, the petitioners by virtue of appointment in the basic school will be deemed to be officers borne on the divisional cadre. It was on that premise that they had been promoted to the Subordinate Services and posted as Headmistress/Headmaster. 3. It appears that similar grievance was raised on behalf of several persons in a batch of writ petitions in this Court vide CWJC No. 323 of 1991 and analogous cases disposed of on 3.2.1994. A Bench of this Court sustained the grievance. The said judgment was challenged by the State of Bihar in the Supreme Court but the Special Leave Petitions were dismissed. The cases of the petitioners are fully covered by the aforesaid judgment of this Court. In fact, the Director Primary Education in his impugned order has found that the case of the petitioners is similar but has still denied the benefit on the ground that the petitioners were not party to the writ petitions. 4. In the above premises, the impugned orders as contained in Annexure 6/in CWJC No. 3097 of 1995 (R)/so far they relate to the respective petitioners are set aside. 4. In the above premises, the impugned orders as contained in Annexure 6/in CWJC No. 3097 of 1995 (R)/so far they relate to the respective petitioners are set aside. The petitioners will be entitled to consequential benefits of their promotion to the Bihar Subordinate Education Service, in accordance with law. The applications are allowed.