ORDER : Mihir Kumar Jha, J. Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:- "holding that the petitioners and members of its Association are entitled for grant of pension under the Bihar Pension Rules on their superannuation and further to hold that New Contributory Pension Scheme, 2005 is not applicable to them and incorporation of the condition in their appointment letter that they would be entitled or Pension under the Contributory Pension Scheme is illegal and inoperative; and further to hold that for the purpose of granting pension for the period of Service to be calculated from the date of vacancies and not from the date of appointment on the post of Assistant teacher." 2. In the considered opinion of this Court such prayer of the petitioners, as a matter of fact, will be in teeth of the Bihar Special Elementary Teacher Appointment Rules-2010 hereinafter referred to as the Rules, under which the appointment of 34540 teachers was sought to be made as per the order of the Apex Court. Rule-12 of the said Rules in this regard specifically lay down as follows:- ^^12- lsok 'kRrsZa& bl fu;ekoyh ds v/khu fu;qDr f'k{kdksa dk osrueku ,oa lkekU; lsok 'krsZa ogh gksxh tks iwoZ ds ftyk laoxZ ds fu;qDr f'k{kd ds gSa fdUrq isa'kukfn gsrq ;g f'k{kd jkT; ljdkj ds va'knk;h isa'ku ;kstuk ls vkPNkfnr gksaxsA** 3. These Rules were in fact made under the orders of the Apex Court and in fact were also approved by the Apex Court on the basis of which an advertisement was issued and in the advertisement under clause-9 the same thing was incorporated which reads as follows:- ^^9- loaxZ ,oa lsok 'krZ & fcgkj fo'ks"k izkjafHkd f'k{kd fu;qfDr fu;ekoyh] 2010 ds v/khu fu;qDr f'k{kdksa dk ftyk laoxZ gksxk ,oa budk osrueku rFkk lkekU; lsok 'krsZa ogh gksxh tks iwoZ ds ftyk laoxZ ds fu;qDr f'k{kd ds gSaA fdUrq isa'kukfn gsrq ;s f'k{kd jkT; ljdkj ds va'knk;h isa'ku ;kstuk ls vkPNkfnr gksaxsA** 4. Thus all the applicants who are now claiming benefit of regular pension under Bihar Pension Rules by taking a plea that they cannot be subjected to the scheme of provisions of Contributory Pension Scheme having participated in the selection process in terms of the advertisement and getting also selected and/or appointed, today cannot question the terms of the advertisement much less the Rules under which they were appointed. 5. Thus, for the reasons indicated above, this writ application must fail and is, accordingly, dismissed.