ORDER : J.S. Verma, J. 1. Leave granted. 2. In a writ petition filed by Respondent 5, Binod Behari Jena, the High Court, by the impugned order, set aside the promotion of the appellant Prafulla Kumar Pallai as Headmaster of Brahmapur High School, Balasore Circle. The challenge in this appeal is to the High Court?s judgment. 3. Learned counsel for the appellant contends that the appellant having been put in charge of the Office of the Headmaster in August 1982 and then having been promoted to the post of Headmaster in August 1984, the letter dated 16-8-1988 issued by the Director was merely the formal communication of the approval by him to that promotion. On this basis, learned counsel contended that the approval granted under Rule 8(2)(b) of the Orissa Education (Recruitment) Rules, 1974 was not vitiated. It was submitted that this ground relating to the applicability of the unamended Rule 8(2)(b) being the only basis on which the High Court has allowed the writ petition, that judgment cannot be sustained. On the other hand, learned counsel for Respondent 5 contended that Respondent 5 being senior as a teacher to the appellant, he was entitled to challenge this promotion only when the approval was given by the Director by letter dated 16-8-1988 which was not in accordance with the Rules applicable to the facts of the present case. 4. The relevant documents are the following, namely: "ANNEXURE B Letter No. 98 dated 27-8-1984 From, The Secretary, Brahmapur High School. To, The Inspector of Schools, Balasore Circle, Balasore. Sub: Approval of Shri Prafulla Kumar Pallai as Headmaster. Sir, I herewith inform you that Shri Prafulla Kumar Pallai was appointed in this School as an Assistant Teacher on 4-6-1973, against the post of TG II. As regards his academic qualifications, he is B.Sc., MA, B.Ed. and his teaching experience is more than 11 years after completion of his B.Ed. course. Shri Basanta Kumar Das, the Headmaster of the School voluntarily resigned from his post on 31-7-1982 and henceforth, Prafulla Kumar Pallai has been discharging his duties as In-Charge Headmaster of this School. Also there was approval by you according to your Letter No. 6932 dated 28-7-1982. As he discharged his duty satisfactorily, MC has been pleased to promote him to the post of HM. Accordingly, a resolution has been made in his favour in Sitting No. 186 dated 12-8-1984. Also there was approval by you according to your Letter No. 6932 dated 28-7-1982. As he discharged his duty satisfactorily, MC has been pleased to promote him to the post of HM. Accordingly, a resolution has been made in his favour in Sitting No. 186 dated 12-8-1984. Now I send you true copies of MC resolution, 3 copies of percentage of results of Brahmapur High School from 1981 to 1984, 3 copies of staff position of Brahmapur High School along with the forwarding letter to make him approved as HM. This is for your favourable information and necessary action. sd/- Secretary, Brahmapur High School. ANNEXURE C OFFICE OF THE INSPECTOR OF SCHOOLS, BALASORE CIRCLE, BALASORE No. 2572 dated 26-2-1985 To, The Director, Secondary Education, Orissa, Bhubaneswar. Sub: Approval of promotion of Shri Prafulla Kumar Pallai to the post of Headmaster of Brahmapur High School. Sir, In inviting a reference to the subject cited above, I am to inform you that the authorities of Brahmapur High School have proposed for promotion of Shri Prafulla Kumar Pallai, B.Sc., MA, B.Ed., TG II to the post of Headmaster. In furnishing herewith the prescribed pro forma duly filled in along with all required documents, I would request you to take necessary steps at your end. Encl: As stated above. Yours faithfully, sd/- Inspector of Schools, Balasore. Memo No. 2573 dated 26-2-1985 Copy submitted to the Secretary, Education and Youth Services Department, Orissa, Bhubaneswar for favour of kind information and necessary action. sd/- Inspector of Schools, Balasore. True copy attested. ANNEXURE D OFFICE OF THE DIRECTORATE OF SECONDARY EDUCATION, ORISSA No. 4-AB-IV-1.88, No. 28514 dated 16-8-1988 Provisional approval is accorded to the promotion of Shri Prafulla Kumar Pallai, MA, B.Ed., Assistant Teacher of Brahmapur High School, Ichhapur under Balasore Circle, Balasore to the post of Headmaster in the said School in the scale of Rs 1150-2555 with effect from 11-8-1988, i.e., the date of approval under Rule 8(2)(b) of the Orissa Education (Recruitment) Rules, 1974 as amended in sub-rule (5) of the Government Education Department Notification SRO No. 287 of 1984 dated 6-3-1984. sd/- M.K. Chakrabarti, Director, Secondary Education, Orissa. Memo No. 12815 dated 20-8-1988 Copy forwarded to the Secretary, Brahmapur High School, Ichhapur for information and necessary action. sd/- J. Pattanaik Dated: 20-8-1988 Inspector of Schools, Balasore." 5. sd/- M.K. Chakrabarti, Director, Secondary Education, Orissa. Memo No. 12815 dated 20-8-1988 Copy forwarded to the Secretary, Brahmapur High School, Ichhapur for information and necessary action. sd/- J. Pattanaik Dated: 20-8-1988 Inspector of Schools, Balasore." 5. The facts beyond controversy are that the appellant was the de facto Headmaster of the School from August 1982 and that by letter (Annexure B) dated 27-8-1984, the Inspector of Schools had also been informed that the appellant had discharged his duties satisfactorily so that he had been promoted to the post of Headmaster by a resolution dated 12-8-1984. The Inspector of Schools, to whom the letter was addressed, had by the letter (Annexure C) dated 26-2-1985 apprised the Director of this fact requesting him to take the necessary steps in this behalf. The continuance of the appellant as Headmaster without any interruption thereafter for several years without any objection by the Director must be construed in the facts of this case as the deemed approval by the Director to the promotion of the appellant as Headmaster. By the Director?s letter dated 16-8-1988, this fact was merely recognition of an existing fact which had his earlier approval. At any rate, Respondent 5, if he had any grievance to the promotion of the appellant as Headmaster, had to challenge the promotion latest in 1984 when the appellant was so promoted, if not earlier in 1982, when he was made the In-Charge Headmaster. A writ petition filed in 1988, about six years after the appellant had been working as the Headmaster, did not justify interference with the appellant?s promotion. On these facts, after the lapse of almost a decade, the impugned order made by the High Court cannot be sustained. In our opinion, this conduct of Respondent 5 is alone sufficient to disentitle him to the relief claimed in the writ petition. 6. Accordingly, the appeal is allowed. The impugned judgment is set aside resulting in the dismissal of the writ petition filed in the High Court. No costs.