Rajeshwar Mandal And ANR. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6534 of 2013 ======================================================

1. Rajeshwar Mandal Son Of Late Subi Mandal Resident Of VillageGarba, P.S.- Phulparas, District- Madhubani

2. Ram Udgar Prasad Son Of Late Surya Narayan Prasad Resident Of Village- Babu Barhi, P.S.- Babu Barhi, District- Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Mr. Amarjit Sinha The Principal Secretary, Human Resources Development Department Govt. Of Bihar Patna

3. Mr. Chitranjan Sinha The Director Primary Education Bihar Patna

4. Mr. Krishna Kumar Sharma The Regional Deputy Director, Darbhanga Division, Darbhanga

5. Mr. America Prasad The District Education Officer Madhubani

6. Binod Kumar Bimal The District Programme Officer, Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Respondent/s : Mr. Sharad Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 24-04-2015 Heard learned counsel for the parties.

This Court on perusal of the order passed in the connected writ application would find that the petitioner nos. 1 & 2 of this case were petitioner nos. 7& 9 to the writ application and for them the direction was to take a decision for their promotion and if they were also found entitled for promotion, they were to be given only the notional benefit because financial benefit was specifically denied to them by the said order. Learned counsel for the petitioner accepts that the promotion of the petitioner no.1 has already been notified and in

Patna High Court MJC No.6534 of 2013 (2) dt.24-04-2015 fact had already retired with the notional benefit but the same thing has not been done in the case of the petitioner no.2. Having regard to the fact that the respondents have made their endeavor to comply the order of this Court by promoting the petitioner no.1, this Court would direct the District Education Officer, Madhubani and the District Programme Officer, Madhubani to ensure that even the case of the petitioner no.2 for promotion should be considered alike the case of the petitioner no.1 strictly in terms of the order of this Court dated 27.8.2013 in CWJC No. 2840 of 2013.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U