Chhotan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9077 of 2019 ====================================================== Chhotan Paswan S/o-Late Baleshwar Das R/o-Vill-Jalgovind, P.O.-Barh, P.S.- Barh, District-Patna at Present Working as Assistant Teadher in the Primary School Ambedkar Coleny, Baskothi, Digha, Patna ... ... Petitioner/s

Versus

1.

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

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

The Distirct Education Officer, Patna.

4.

The District Program Officer (Estt.), Patna.

5.

The District Superintendent of Education, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nishant Kumar Sinha For the Respondent/s :

Mr. Subhash Chandra Mishra (SC-16) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2023

1. Heard learned counsel for the parties concerned.

2. Learned counsel for the petitioner submits that the petitioner has been working as Assistant Teacher, Primary School, Ambedkar Colony, Digha. The grievance of the petitioner is that the teachers, junior to the petitioner, have been granted B.A. Trained scale, but the petitioner has been denied arbitrarily and his juniors have already been promoted as Headmaster.

3. Learned counsel for the State submits that as per Rule 18 of the Bihar Rajkiyakrit Primary School Teacher Promotion Rules, 2011, the Regional Deputy Director of

Patna High Court CWJC No.9077 of 2019(4) dt.11-12-2023 2/2 Education is the competent authority where the petitioner can file his representation.

4. Learned counsel for the petitioner submits that the petitioner has already filed a representation before the Regional Deputy Director of Education, Patna, but no order has been passed by him.

5. Be that as it may, let a fresh representation be filed by the petitioner within a period of 30 days from today.

6. If such a representation is filed by the petitioner, the Regional Deputy Director of Education, Patna is directed to dispose the same, in accordance with law, after giving opportunity of hearing to the petitioner and to the other affected parties within a maximum period of four months.

7. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U