Patna High CourtL.P.A/246/2014dismissed

Smt Malti Sinha v. The State Of Bihar And ORS

2017-11-03Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.246 of 2014 In Civil Writ Jurisdiction Case No.14833 of 2013 ====================================================== Smt Malti Sinha, W/o Sri Nagendra Kumar Singh, resident of Village-Anjani, P.S.-Sarai, District-Vaishali.

... ... Appellant-writ Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Human Resources, Government of Bihar, Patna.

2. The Secretary, Primary Education, Government of Bihar, Patna.

3. The Director, Primary Education, Government of Bihar, Patna.

4. The District Magistrate-cum-Chairman, District Establishment Committee, Vaishali at Hajipur.

5. The District Superintendent of Education, Vaishali at Hajipur. ... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Shekhar Singh, Advocate Mr. Shantanu Kumar, Advocate For the Respondents :

Mr. Yogendra Pd. Sinha, AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 03-11-2017 Heard counsel for the parties.

If the basic finding emerges both in the order of rejection by the authorities as well as the learned single Judge that no person junior to the present appellant has been granted the benefit of promotion on the I.A. trained or B.A. trained scale, then mere expectation or anticipation may not be of any help to the present appellant. That is the reason why the learned single Judge refused to interfere with the impugned order while dismissing the writ application on 06.08.2013.

Patna High Court LPA No.246 of 2014 dt.03-11-2017 2/2 However, the learned single Judge has given a leeway or a window of opportunity to the appellant by holding that if any person has been granted promotion prior to 29.09.2012 on the M.A. trained (Arts) teacher scale, the claim of the petitioner would be required to be considered. Since there is no material which has emerged that anything of that kind has happened after passing of the order by the learned single Judge, nothing is required to be done in the appeal.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) Pawan/- AFR/NAFR N.A.F.R.

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