Md. Mushtaque Ahmad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8420 of 2015 ====================================================== 1.
Md. Mushtaque Ahmad Son of Late Md. Ayub resident of Mohalla - Malikania, P.O. P.S. Masaurhi, District - Patna 2.
Upendra Prasad Singh Son of Late Ram Nandan Singh resident of village - Ghorahuan, P.O. P.S. Masaurhi, District - Patna 3.
Sudarshan Singh Son of Late Chandradeo Singh resident of village - Bhagwan Ganj, Masaurhi , District - Patna 4.
Nawal Kishore Singh Son of Late Ram Chandra Singh resident of village - Ganjpar, P.S. Punpun, District - Patna ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Education Department, Bihar, Patna.
2.
The Director, Primary Education, Bihar, Patna 3.
The Deputy Director of Education, Bihar, Patna Cum Appellate Authority 4.
The District Magistrate, Patna, District - Patna 5.
The District Education officer, Patna, District Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhya Kumar, Adv.
Mr. Braj Kishore Singh, Adv.
Mr. Ram Chandra Singh, Adv.
For the Respondent/s :
Mr. Sanjay Kumar, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-07-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.
The grievance of the petitioners in the present writ application is discrimination in the matter of granting promotion.
Learned counsel for the petitioners submits that the case of the petitioners is covered by the decision in C.W.J.C.
Patna High Court CWJC No.8420 of 2015(2) dt.29-07-2019 2/2 No. 8572 of 2015 vide order dated 10.07.2019. In view of the above, the writ petition is disposed of with a direction to the respondents to take appropriate decision considering the Bihar State Litigation Policy, 2011, particularly, paragraph 4(c)(i) of the said policy.
Necessary decision in this regard must be taken by the respondents within a maximum period of three months from the date of receipt/production of a copy of this order with all consequential benefits in view of the fact that now the petitioners have retired.
The grievance as to discrimination in granting effective promotion can be raised by the petitioners by way of representation to the competent authority and the competent authority shall decide the issue of discrimination in granting effective promotion by reasoned and speaking order within 60 days of raising such grievance.
With the aforesaid, the writ application stands disposed of.
(Anil Kumar Upadhyay, J) mdrashid/- U