Sona Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4048 of 2016 ====================================================== Sona Kumari W/o Nagendra Prasad Singh, resident of Village- Harrakh, P.S.- Begusarai, District- Begusarai, presently posted as Assistant Teacher Middle School, Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

3. The Director, Primary Education, Govt. of Bihar, Patna.

4. The Regional Deputy Director, Munger Division, Munger.

5. The District Education Officer-cum-Chairman, District Education Establishment Committee, Begusarai, District- Begusarai.

6. The District Programme Officer (Establishment), Begusarai DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Respondent/s :

Mr. Arun Kumar Bhagat, AC to AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Despite order dated 24.1.2018 neither counter affidavit has been filed nor the grievance of the petitioner has been redressed.

The present writ petition has been filed by the petitioner for a direction to the respondents to grant promotion in Graduate Trained Scale with effect from the date his juniors have been granted such promotion.

Learned counsel for the petitioner submits that juniors to the petitioner have been granted promotion to the Graduate Trained Scale and the respondents are going to grant them further promotion to the post of Headmaster.

Patna High Court CWJC No.4048 of 2016(3) dt.09-03-2018 2/2 From paras 20 and 21 of the writ petition it appears that the petitioner has filed representations on 26.11.2012, 27.11.2012 and 5.10.2015 before the respondent Nos. 5 and 6 but the same has not been disposed of.

Considering the facts that the representations of the petitioner have not been disposed of by the respondents and they have not filed counter affidavit despite order of this court, instead of keeping the matter pending, respondent Nos. 5 and 6 are directed to take final decision on the representation of the petitioner and in case juniors to the petitioner have been granted promotion in the Graduate Trained Scale and further likely to be granted promotion as Headmasters, promotion may also be granted to the petitioner, if he is otherwise eligible for grant of such promotion and if juniors have been granted such promotion. Final decision in this regard must be taken within a period of 60 days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U