Md. Shahid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1245 of 2025 ====================================================== 1.
Md. Shahid C/o- Late Waseem Ahmad, R/O-Ward no. 12, Ghat, Nawada, P.O and P.S-Dalsinghsarai, District- Samastipur, presently posted in Chatradhari Inter School, Dalsinghsarai, District- Samstipur. 2.
Mohan Pathak S/o- Late Ram Sudisht Pathak, R/O- Ward no. 9, Basuseopur, Koria, Haibatpur, PO and P.S- Muffasil Begusarai, District- Begusarai, presently posted in plus 2 Rajyakrit Kari Sing High School, garhsisai, Vidyapatinagar, District- Samstipur 3.
Ram Kumar S/o- Late Vishwanath Roy, R/O- Ward no. 08, Gram- Maricha, Patory, PO and PS- OP Halai Tajpur, District- Samastipur, presently working in G.B. High School, Sahpur Patori, District- Samstipur. 4.
Md. Arif Raza S/o- Md. Muslim Ansari, R/O- Ward no. 03, Kharaj Hakimbad, Kheraj Nambar Eksath, P.O- PS- Samastipur, DistrictSamastipur, presently working in plus 2 Rajikiyakrit Hardis Narayan, High School, Belari Ujiyarpur, District- Samastipur. 5.
Nishu Kumar Lal S/o- Laxmi Lal, R/O. Ward no. 06, Fakirana, Rosera, P.O and PS- Rosera, District. Samastipur, presently working in plus 2 Rajya Samposhit High School, Sakhwa, District- Samastipur. 6.
Faisal Alam S/o- Md. Khurshid Alam, R/O- Ward no. 24, Shaikh Toli, Near Masjid, P.O and P.S- Samastipur, District-Samastipur, presently working in plus 2 High School, Sarairanjan, District-Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.
4.
The Director Secondary Education, Education Department Government of Bihar, Patna.
5.
The Regional Education Deputy Director, Darbhanga Division, Darbhanga. 6.
The District Magistrate, Samastipur.
7.
The District Education Officer, Samastipur.
8.
The District Programme Officer (Establishment), Samastipur. ... ... Respondent/s ====================================================== Appearance :
2/4 For the Petitioner/s :
Mr. Alok Ranjan, Adv.
For the Respondent/s :
Mr. M.H. Quarashi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2025
1. Heard learned counsel for the petitioners and the learned AC to SC-1 for the State.
2. The learned counsel appearing on behalf of the petitioners submits that the instant writ application has been filed seeking a direction upon the respondent authorities to consider the case of the petitioners for grant of promotion to Group-C post, as has been granted to similarly situated Group-D employees of the other districts and denied to the petitioners in an arbitrary manner, when petitioners are having the requisite eligibility for promotion to Group-C post, further for a direction upon the authorities to grant all consequential benefits from the date the petitioners are granted promotion to Group-C post, as has been granted to similarly situated employees of other districts since 2015.
3. The learned counsel appearing on behalf of the petitioners submits that petitioners have been representing before the authorities continuously seeking redressal of their grievance as raised in the instant writ application, as would manifest from Annexure-10 series, but then no action till date has been taken.
3/4
4. The learned counsel appearing on behalf of the State submits that the writ application can be disposed of with a direction to the petitioners to file a fresh representation before the Director, Secondary Education, Bihar, Patna raising their grievance as raised in the instant writ application for redressal.
5. After hearing the learned counsel for the parties and without going into the merits of the case, the writ application is disposed of with liberty to the petitioners to file a detailed representation annexing all the relevant documents seeking redressal of their grievance as raised in the instant writ application before the Director, Secondary Education, Bihar, Patna on or before 11.08.2025.
6. In the event if any representation is filed by the petitioners seeking redressal of their grievance on or before 11.08.2025 in that event the Director, Secondary Education, Bihar, Patna shall consider and dispose of the representation of the petitioners in accordance with law within a period of three months from the date of receipt/production of a copy of this order, after giving proper opportunity of hearing to all concerned including the petitioners.
7. It is made clear that in the event if the Director, Secondary Education, Bihar Patna is not the authority
4/4 competent for granting such promotion, in that event he shall refer the representation of the petitioners before the authority competent, who shall also consider and dispose of the same within the period aforesaid.
(Satyavrat Verma, J) Rishabh/- U