Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1344 of 2025 ====================================================== 1.

Binod Kumar Son of Krishna Murari Prasad, Resident of Mohalla New Jakkanpur, Post G.P.O., Patna, P.S. Jakkanpur, District Patna, At present working at Primary School, Kahartoli, Jakkanpur, Anchal Golghar, District Patna.

2.

Rekha Sinha Daughter of Anil Kumar, Resident of Kadam Kuman, Gola Road, P.S. Nawada, District Nawada, at present, working at Balak Middle School, Machhua Toli, Anchal Mahendru, District Patna. 3.

Manoj Kumar Sinha Son of Basudeo Prasad, Resident of 64/E, Rajendra Nagar, Police Station Kadamkuan, District Patna, at present working at Primary School, Kahartoli, Jakkanpur, Anchal Golghar, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Secretary, Finance Department, Government of Bihar, Patna. 4.

The Director, Primary Education, Bihar, Patna. 5.

The District Education Officer, Patna.

6.

The District Programme Officer, Establishment, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the State :

Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-01-2025 Heard learned counsel for the parties.

2.

The present writ application is filed for the following reliefs:

(i) That the present writ application is being filed on behalf of the petitioners above named for the issuance of appropriate writ/writs, order/orders in the nature of mandamus commanding the

Patna High Court CWJC No.1344 of 2025(2) dt.28-01-2025 2/3 respondent authorities to consider representations dated 13.11.2023, 25.11.2023 and 10.12.2024 and on due consideration, to grant promotion to the petitioners to the post of the Headmaster, retrospectively from the date of their entitlement in the year 2011, in the light of order dated 12.09.2022 passed in CWJC no. 15610/2018 (Raghwendra Sharma & Ors Vs The State of Bihar & Ors), as persons/teachers, who are juniors to the petitioners, have already been promoted to the post of Headmaster and further to grant all the consequential benefits including monetary benefits and for any other writ/writs, order/orders, which the petitioners may found to be entitled in the facts and circumstances of the case.

3.

Learned counsel for the petitioners submits that he has filed a representation before the authorities (Annexure P/8 and P/9 series), but till date no order has been passed by the authorities.

4.

Considering the aforesaid fact, I direct the petitioners to file a fresh representation within four weeks before the respondent no.5 and respondent no.5 would be obliged to pass a reasoned and speaking order in accordance with law after hearing the parties within one month thereafter in view of the order passed in C.W.J.C. No.15610 of 2018 dated 12.09.2022

Patna High Court CWJC No.1344 of 2025(2) dt.28-01-2025 3/3 (Annexure-P/5 to the writ application).

5.

It is made clear that this Court may take serious view against the concerned respondent if the order is not complied within the stipulated period.

6.

With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) priyanka/- U