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Patna High CourtCWJC/9144/2019disposed

Manoj Kumar Singh v. The State Of Bihar

2024-01-04Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9144 of 2019 ====================================================== Manoj Kumar Singh Son of Late Braj Nandan Singh Resident of Village and Post- Pirauna, P.S. Garkha, District- Saran, at Present posted and working as an Assistant Teacher (Graduate Trained Pay Scale) in Government Middle School Chainpur Bhainsmara, Anchal- Garkha, District Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary Education Department, Govt. of Bihar, Patna.

3.

The Director Primary Education, Bihar, Patna. 4.

The District Magistrate Saran, Chapra.

5.

The Regional Deputy Director of Education Saran Division, Saran, Chapra. 6.

The District Education Officer Saran, Chapra. 7.

The District Education Officer - cum - the Chairman District Elementary Teacher Promotion Committee Saran, Chapra.

8.

The District Programme Officer (Establishment) Saran, Chapra. 9.

The District Programme Officer (Establishment)- cum- the Member Secretary District Elementary Teacher Promotion Committee, Saran, Chapra.

10.

The District Transport Officer-cum- the Member District Elementary Teacher Promotion Committee Saran, Chapra.

11.

The Block Education Officer Garkha, Saran, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Smt. Shilpa Singh ( Ga12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2024

1. Heard learned counsel for the parties concerned.

2. Mr. Umesh Kumar Mishra, learned counsel for the petitioner submits that the petitioner was given graduate trained pay scale, but he is not being considered for

Patna High Court CWJC No.9144 of 2019(4) dt.04-01-2024 2/3 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 petitioner for promotion in the light of relevant rules and the aforementioned judgment of this Court.

4. Learned counsel for the State submits that the petitioner 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 petitioner is given liberty to file a detailed representation before the respondents nos. 7 and 9 within a period of one month from today.

6. If such a representation is filed by the petitioner, 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.

Patna High Court CWJC No.9144 of 2019(4) dt.04-01-2024 3/3

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

(Anil Kumar Sinha, J) ashwani/- U