Gorakh Nath Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17106 of 2010 ======================================================

1. Gorakh Nath Pandey S/O Late Munni Pandey R/O Vill.- Jigna Pandit, P.S.- Bhore, Distt.- Gopalganj .... .... Petitioner

Versus

1. The State Of Bihar Through The Principal Secretary Department Of Education, Govt. Of Bihar, New Secretariat, Vikash Bhawan, Patna

2. The Director, Primary, Secondary and Adult Education Govt. Of Bihar, New Secretariat, Vikash Bhawan, Patna

3. The District Superintendent of Education, Gopalganj. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-12-2014 Heard learned counsel for the petitioner and Mr. Krishna Kant Singh AC to SC- 4 for the State. A supplementary counter affidavit has been filed on behalf of the respondent no.3.

The present writ petition has been filed by the petitioner who has since retired as the Headmaster of a Primary School for grant of time bound promotion and to pay monetary benefits arising therefrom.

Mr. Singh for the State in the light of the statements made in the supplementary counter affidavit submits that the District Promotion Committee has considered the case of the petitioner and granted him

Patna High Court CWJC No.17106 of 2010 (6) dt.24-12-2014 2/3 selection grade- III and the matter has now been sent to the District Finance Office for needful. The order passed by the District Education Officer in the case of the petitioner has been enclosed as Annexure-A.

Learned counsel for the petitioner in view of the statements made therein fairly states that the claim of the petitioner has since been redressed by the respondent. He, however, points out that the financial benefits on account of such grant of promotion have not till date been paid/authorized.

Mr. Singh learned counsel for the State fairly states that if the promotion has already been considered and granted and the petitioner has not been paid the financial benefits thereof then the same shall be authorized/paid in favour of the petitioner shortly.

This Court, in view of the aforesaid, directs the concerned respondent(s) to ensure payment(s) of the monetary benefits arising on grant of such promotion to the petitioner, if not already paid, as quickly as possible preferably within three months from the date of receipt/production of a copy of this order before the District Superintendent of Education, Gopalganj who as

Patna High Court CWJC No.17106 of 2010 (6) dt.24-12-2014 3/3 informed has been re-designated as the District Programme Officer (Establishment), Gopalganj. (Kishore Kumar Mandal, J) Shyam/- U