Md. Ashraf Uddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20450 of 2016 =========================================================== Md. Ashraf Uddin, Son of Md. Mukhtar Ahmad, resident of Kagji Mohalla Biharsharif, P.S.- Bihar District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Education Department, Govt. of Bihar, Patna.

2. The District Magistrate, Nalanda.

3. The District Education Officer, Nalanda.

4. The District Programme Officer Establishment, Nalanda.

5. The Block Education Officer, Biharsharif, District- Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Respondent/s : Mr. Jitendra Kr. Roy No. 1, SC-13 Mr. AC to SC 13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 09-04-2018 Heard learned counsel for the petitioner and State.

2. The grievance of the petitioner in the present writ application is non-consideration of his case for grant of promotion.

3. Learned counsel for the petitioner submits that the petitioner has requisite qualification for consideration of his case for promotion to the post of Headmaster. He submits that the name of the petitioner is figured at serial no.2 in the seniority list dated 30.09.2016 prepared for grant of promotion and juniors to the petitioners have been granted promotion as Headmaster. Although the petitioner is one of the senior most and worked as incharge Headmaster.

4. Considering the fact that in the seniority list petitioner

Patna High Court CWJC No.20450 of 2016 dt.09-04-2018 2/2 was placed at serial no.2, the respondents are required to consider his case for promotion as headmaster. In the aforesaid circumstances, the writ application is disposed of with a direction to the respondent District Education Officer, Nalanda to see that the case of the petitioner is objectively considered within a maximum period of 60 days from the date of receipt/production of a copy of this order.

5. In case, the petitioner is found eligible for grant of promotion, the petitioner shall be granted such promotion from the date the juniors to the petitioner have been granted promotion.

6. It goes without saying that the respondents are also required to ensure consequential benefits including the monetary benefits in the event they may admit the claim of the petitioner for grant of promotion. The entire exercise for grant of monetary benefits must be completed by the respondents within a further period of one month from the date of finalization of such promotion to the petitioner.

7. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date23.04.2018 Transmission Date