Sudama Sharma v. The State Of Bihar And ORS

Patna High Court CWJC No.6199 of 2011 dt.21-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6199 of 2011 =========================================================== Sudama Sharma, son of Shri Ram Raj Sharma, resident of Srikrishan Nagar, Ahri, Near Durga Mandir, Post-Aurangabad, P.S. - Muffsil Police Station Aurangabad, District - Auranagabad, Presently posted as Assistant Teacher (Lower Subordinate Education Service) at Government Basic School, Erki, P.O. Erki, P.S. - Dev, District - Aurangabad .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Human Resource Development Department, Govt of Bihar, Patna

2. The Director, Primary Education, Human Resource Development Department, Govt of Bihar, Patna

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

4. The District Superintendent of Education, Aurangabad

5. The District Education Officer, Aurangabad .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Brisketu Sharan Pandey, Advocate. For the Respondents : Mr. Shyam Kishor Sharma, GA-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-08-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondents to consider the petitioner for promotion to Subordinate Education Service from Lower Subordinate Education Service; and for consequential reliefs.

3. Learned counsel for the petitioner makes a short submission to the effect that persons junior to the petitioner and similarly situated have been granted promotion whereas the petitioner has been denied such benefit. It is stated that the petitioner was placed

Patna High Court CWJC No.6199 of 2011 dt.21-08-2017 at Serial No. 553 in the gradation list whereas other persons such as Smt. Renu Kumari at Serial No. 581 and Sri Sheo Shankar Singh at Serial No. 592 have been granted promotion in terms of memo no. 261 dated 18.02.2011 (Annexure-6).

4. Learned counsel for the respondents appears and has been heard.

5. In the above circumstances, this Court is of the view that the writ petition can be disposed of with a direction to the concerned authority to consider the case of the petitioner for promotion as claimed in the light of the submission of learned counsel for the petitioner that junior persons similarly situated to him have already been granted promotion.

6. It is expected that the concerned authority will act expeditiously and without undue delay.

(Vikash Jain, J) Md. Ibrarul/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.08.2017 N.A.

Transmission Date