Patna High CourtCWJC/9286/2014disposed

Jaishankar Prasad v. The State Of Bihar And ORS

2016-11-28Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9286 of 2014 =========================================================== Jaishankar Prasad, S/o Late Ramdeo Prasad, Resident of Village- Somnaha, P.S.- Chakmaheshi, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

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

3. The Director (Secondary Education), Govt. of Bihar, Patna

4. The District Education Officer, Samastipur

5. The District Programme Officer (Establishment), Govt. of Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Mukesh Kumar Singh, For the Respondent/s : Mr. Tej Bahadur Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-11-2016 The writ application was filed by the petitioner when so called juniors were granted promotion of B.A. trained scale and the petitioner was left out.

During the pendency of the writ application, a counter affidavit has now been served and filed where statement is made in Annexure-6 that the respondent authorities have considered the claim of the petitioner along with large number of similarly situated teachers and vide notification, dated 17.10.2016, the said benefit has been notified.

To that extent the primary relief, which the petitioner is looking for, has been granted.

Learned senior counsel for the petitioner submits that

Patna High Court CWJC No.9286 of 2014 dt.28-11-2016 2/2 the notification indicates that it will accrue either from the date of notification or from the date of joining in the school, whereas juniors have been granted the benefit earlier.

Such issue will not be examined in the present writ application, but if such a grievance is genuinely perceived by the petitioner, he has remedy in law.

Writ application stands disposed off with observation as above.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 29.11.2016 Transmission Date