Judgment 1. Eleven petitioners had been duly recruited as Assistant Panchayat Teachers and were appointed as such in the district of Gopalganj in the year 1994. They were all appointed on the basis of being the members of Schedule Tribe. It appears that this nomenclature whether it was a Schedule Caste or not became the subject matter of the controversy and accordingly on 29.6.1998 the services of all eleven petitioners were terminated by the order of District Superintendent of Education, Gopalganj. This led to writ petition, representation and move to the Government Ultimately, the Government clarified the position and amended the statutory order in this regard. Some of the petitioners like once again came to this Court and this Court directed the State Government to clarify the position consequent whereto the authority would take appropriate action. Petitioners, who had been appointed on due recommendation of the Bihar Public Service Commission, approached the Government. The State Government took a decision in its General Administration Department and communicated the same to the District Magistrate- cum- Collector, Gopalganj vide memo no. 1214, dated 7.4.2010 (Annexure 8 to the writ petition). In this the Government expressed its awareness to the problem of these petitioners and clarified that there being certain confusion earlier, they were all cleared by the Government and as such petitioners be treated as Schedule Tribe to which they had led their claims and accordingly they should be reinstated. It may be noted here that when the petitioners were terminated by the order of District Superintendent of Education, Gopalganj, in that order itself (Annexure 2),it was clearly mentioned that upon controversy being settled the matter would be reconsidered for petitioners appointment. Thus, in view of termination order as well as the State Government clarification, as made by Annexure 8 above, petitioners were entitled to be reinstated as Assistant Primary Teacher in government primary school as they were earlier appointed. It is stated that several writ petitions have already been allowed in respect of similarly situated persons. It is submitted that notwithstanding the aforesaid decision of the State Government and the direction , as cointained therein, the district authorities are not taking interest in the matter and the petitioner continue to suffer. 2. Learned counsel for the State submits that this Court would direct District Magistrate-cum- Collector, Gopalganj to consider the matter whether petitioners are genuinely qualified for appointment or not. 2. Learned counsel for the State submits that this Court would direct District Magistrate-cum- Collector, Gopalganj to consider the matter whether petitioners are genuinely qualified for appointment or not. In my view, that cannot be permitted. Once a superior authority in the shape of government has issued positive direction to the districts authority ,then it is not open for, the district authority or for that matter this Court to examine the correctness of the decision of the State Government. The same has to be complied with, failing which writ of mandamus is bound to be issued as has been held by the Apex Court in the case of Bhopal Sugar industries Ltd Vs. Income- tax Officer, Bhopal since reported in AIR 1961 SC 182 , which runs thus: "Where the Income-tax Officer had virtually refused to carry out the clear and unambiguous directions which a superior tribunal like the Income Tax Appellate Tribunal had, given to him by its final order in exercise of its appellate powers in respect of an order of assessment made by him, such refusal is in effect a denial of justice, and is furthermore destructive of one of the basic principles in the administration of justice based as it is on the hierarchy of Courts, in such a case a writ of mandamus should issue ex debito justitiae to compel the Income tax Officer to carry out the directions given to him by the Income Tax Appellate Tribunal. The High Court would be clearly in error if it refuses to issue a writ on the ground that no manifest injustice had resulted from the order of the Income tax Officer in view of the error committed by the Tribunal itself in its order. Such a view is destructive of one of the basic principles of the administration of justice." This writ application is allowed. 3 Let a writ of mandamus be issued to District Superintendent of Education, Gopalganj to immediately reinstate the petitioners as Assistant Primary Teachers in government primary school. The petitioners would be entitled to continuity of servic for the purposes of their seniority and pensionary benefits but would not be entitled to payment of any salary for the period in which they were not in employment. The order of this Court must be complied with within one m6nth . The responsibility whereof of the District Magistrate-cum-Collector, Gopalganj.