Umesh Dubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18471 of 2016 ====================================================== Umesh Dubey Son of Late Singheshwar Dubey, resident of VillageMubarakpur, P.O.- Chainpur, P.S.- Chainpur, O.P. District- Siwan Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Siwan.

3.

The District Education officer, Siwan.

4.

The District Program officer, Establishment Education, Siwan. 5.

The Regional Deputy Director Education, Saran. 6.

The Regional Education Officer, Raghunathpur, Siwan. 7.

The B.E.O. Siswan, Siwan.

8.

The Headmaster Added Middle School, Chainpur, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Mishra For the Respondent/s :

Mr.Subhash Chandra Mishra- Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-07-2019 The grievance of the petitioner in the present writ application is non-consideration of promotion in terms of rules. Learned counsel submits that petitioner was appointed in the 1983. He has completed approximately 36 years of service. He has qualification of M.A. trained. M.A. trained is above the graduate trained and in terms of rules he is entitled to promotion as Headmaster on account of his seniority and eligibility. He is working as In-charge Headmaster since 30.6.2012.

Considering the fact that petitioner has completed 36

Patna High Court CWJC No.18471 of 2016(2) dt.15-07-2019 2/2 years of service and he is M.A. trained, the respondents have to consider his case for grant of promotion in terms of rules considering and qualification as well as seniority. Necessary decision in connection with promotion of the petitioner on the post of Headmaster may be taken by the respondents in the light of seniority and eligibility of the petitioner with all consequential benefits at the earliest preferably within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U