Patna High CourtCWJC/10273/2014dismissed

Bhim Sharma v. The State Of Bihar And ORS

2016-12-02Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10273 of 2014 ====================================================== Bhim Sharma son of late Keshwar Sharma resident of village - Akil Tola, P.O. Kasdeura Bangra, Police Station - Maharajganj, District - Siwan, retired while working as Incharge Head Teacher from Govt. Middle School - Ratan Parauli, Anchal - Bhagwanpur Hat, District - Siwan. .... .... Petitioner/s

Versus

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

2. The Director, Primary Education, Bihar, Patna

3. The District Magistrate, Siwan.

4. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Siwan.

5. The District Education Officer, Siwan.

6. The District Programme Officer (Establishment), Siwan.

7. The District Treasury Officer, Siwan.

8. The District Accounts Officer, Siwan.

9. The Block Education Officer, Bhagwanpur Hat, District - Siwan.

10. The Headmaster cum Drawing and Disbursing Officer, Govt. Middle School-Ratan Parauli, Anchal - Bhagwanpur Hat, District - Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Kumari Amrita ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 02-12-2016 Heard learned counsel for the parties.

No relief can be granted to the petitioner of benefit of 2nd time-bound-promotion in view of the stand emerging from paragraph nos. 7 and 8 of the counter affidavit. Claim of such benefit is regulated by certain rules, which are notified and is annexed as Annexure-A.

If the petitioner does not come within the zone of consideration, he cannot innovate or demand the benefit which

Patna High Court CWJC No.10273 of 2014 (2) dt.02-12-2016 2/2 petitioner knows very well that he is not entitled to. Writ application is basically trying to take a chance, if not wagering before the High Court.

Writ application is dismissed.

(Ajay Kumar Tripathi, J) SKM/- U