Rajiv Kumar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3901 of 2019 ====================================================== Rajiv Kumar Verma son of Mahendra Lal Das, resident of Mohalla- Sushila Niwas, Kayasth Tola, Ward No. 29, Police Station- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

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

4.

The Director(Primary Education), Government of Bihar, Patna. 5.

The Regional Deputy Director of Education, Koshi Division, Saharsa. 6.

The District Education Officer, Saharsa.

7.

The District Programme Officer (Establishment), Saharsa. 8.

The Drawing and Disbursing Officer-cum-Headmaster, Adarsh Awasiya Middle School, Shikshak Sangh, Saharsa.

9.

The Treasury Officer, Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Kumar Prasad For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-03-2019 Heard the learned counsel for the parties.

The present writ petition has been filed for issuing a direction to the respondents to grant senior pay-scale/time bound promotion/A.C.P. to the petitioner on completion of 12 years of service.

The learned counsel for the petitioner submits that the issue raised in the present writ petition is no more res integra. A coordinate Bench of this Court had already decided the issue

Patna High Court CWJC No.3901 of 2019(2) dt.01-03-2019 2/2 vide order dated 31.03.2011 passed in CWJC No. 6139 of 2007 (Ram Ashis Tiwary & others vs. The State of Bihar & others), and the order of the Writ Court was affirmed in L.P.A. No. 756 of 2015 on 16.08.2017.

Having regard to the submissions made by the learned counsel for the parties, the present writ petition is disposed off with a direction to the respondents to examine the case of the petitioner in light of the decision of the Writ Court in C.W.J.C. No. 6139 of 2007 dated 31.03.2011 as affirmed in L.P.A. No. 756 of 2015 vide judgment dated 16.08.2017 and the final decision in this regard must be taken by the respondent no. 6 within a period of two months from the date of receipt/production of a copy of this order and all consequential benefits including the monetary benefits should be extended to the petitioner within a period of one month thereafter, in case the respondent no. 6 finds favour with the case of the petitioner. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U