Sukhlal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6356 of 2019 ====================================================== 1.

Sukhlal Choudhary Son of Sonu Choudhary Resident of Village- Bhore, P.S. Muffasil, District- Gaya, At Present Posted and working as Trained Graduate Teacher in Govt. Middle School Saraiya, Anchal- Khizersarai, DistrictGaya. 2.

Satish Kumar Son of late late Vijaya Krishana Prasad Resident of VillageBakrour, Police Station- Bodh Gaya, District- Gaya, At Present Posted and Working as Trained Graduated Teacher in Govt. Middle School Pakriya, Anchal Mohanpur, District- Gaya.

3.

Krishna Das Son of late Deo Das Resident of Village- Matai, Police StationTekari, District- Gaya, At Present Posted and Working as Trained Graduated Teacher in Govt. Middle School Khurua, Anchal Mohanpur, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Bihar, Patna. 4.

The Special Secretary of Education Department, Bihar, Patna. 5.

The Regional Deputy Director of Education, Magadh Division, Gaya. 6.

The District Education Officer, Gaya.

7.

The Chairman of the District Teachers Promotion Committee-Cum-the District Education Officer, Gaya.

8.

The District Programme officer(Establishment), Gaya. 9.

The Member Secretary of the District Teachers Promotion Committee-CumThe District Programme Officer(Establishment), Gaya. 10.

The Block Education Officer, Khizersarai, District- Gaya. 11.

The Block Education Officer, Mohanpur, District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Ms. Binita Singh (SC-28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

Patna High Court CWJC No.6356 of 2019(4) dt.04-01-2024 2/3 ORAL ORDER 04-01-2024

1. Heard learned counsel for the parties concerned.

2. Mr. Umesh Kumar Mishra, learned counsel for the petitioners submits that the petitioners were given graduate trained pay scale w.e.f. 21.02.2017, but they are not being considered for promotion on the post of Headmaster.

3. He relies upon the judgment of this Court rendered in CWJC No. 15610 of 2018, dated 12.09.2022, and submits that the respondent authorities may be directed to consider the case of the petitioners for promotion in the light of relevant rules and the aforementioned judgment of this Court.

4. Learned counsel for the State submits that the petitioners may file a representation before the respondent nos. 7 and 9, alongwith relevant papers, including the judgment, which would be considered by the concerned respondents in accordance with law.

5. Regards being had to the submissions made by the parties and taking into consideration the nature of dispute, the petitioners are given liberty to file a detailed representation before the respondents nos. 7 and 9 within

Patna High Court CWJC No.6356 of 2019(4) dt.04-01-2024 3/3 a period of one month from today.

6. If such a representation is filed by the petitioners, the respondent authorities are directed to dispose the same by a reasoned order, in accordance with law, within a further period of three months from the date of filing of the representation.

7. With the aforesaid observations and directions, this writ application is, accordingly, disposed.

(Anil Kumar Sinha, J) ashwani/- U