Rajesh Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4144 of 2019 ====================================================== 1.

Rajesh Kumar S/o Sadanand Singh R/o Birnaudha,P.S. Shambhuganj, Dist.- Banka, presently posted as Assistant Teacher in Middle School Shambhuganj, Banka 2.

Pankaj Kumar Singh S/o Late Shiv Narayan Prasad Singh R/o karanpur,P.S. Shambhuganj,Dist.-Banka,presently posted as Assistant Teacher in Primary School Jhakhara,Shambhuganj,Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Education,New Secretariat,Patna 3.

The Director(Primary Education), New Secretariat,Patna 4.

The Regional Deputy Director of Education, Bhagalpur Division Bhagalpur 5.

The District Education Officer, Banka 6.

The District Programme Office (Establishment),Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Kumar For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-03-2019 The present writ petition has been filed for a direction to the respondents to consider the name of the petitioners for promotion to the B.A. (trained post) w.e.f. the date their juniors have been granted promotion. It has further been prayed to promote the petitioners to the post of Headmaster, after grant of B.A. (Trained) scale.

The learned counsel for the petitioner has relied upon a judgment dated 3. 4. 2018 passed in CWJC No. 10822 of 2016 wherein reliance has been placed

Patna High Court CWJC No.4144 of 2019(2) dt.05-03-2019 2/2 upon a judgment dated 27.01.2016 passed in LPA No. 11 of 2014.

Having regard to the facts and circumstances of the case the present writ petition is disposed of with liberty to the petitioners to approach the respondent no.5 for redressal of their aforesaid grievances by filing an appropriate representation within four weeks from today, annexing a copy of the aforesaid judgment dated 3.4.2018 passed in CWJC No. 10822 of 2016 and the judgment dated 27.1.2016 passed in L.P.A. No.11 of 2014,, whereafter the said authority shall examine the case of the petitioners in light of the said judgments and pass a reasoned and speaking order within a period of eight weeks thereafter. (Mohit Kumar Shah, J) Tiwary/- U