Nandi Pati Roy v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14479 of 2014 =========================================================== Nandi Pati Roy, S/o Late Maheshwar Roy, Resident of Village- Bhgwanpur Desua, P.S. Samastipur, District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Education Department, Govt. of Bihar.

2. The Director, Higher Education, Bihar, Patna.

3. The Regional Deputy Director Education, Darbhanga Division, Darbhanga at Laheriasarai.

4. The District Education Officer, Samastipur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Respondent/s : Mr. Uday Prasad, AC to GP-22 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 20-08-2018 Heard learned counsel for the petitioner and State.

2. In the present writ application, the petitioner is aggrieved for non-consideration of his case for grant of Senior Selection Grade pay scale.

3. Learned counsel for the petitioner has placed reliance on Annexure-1 to contend that 20% post in the Senior Selection Grade was available for grant of promotion, but in the Darbhanga Division notwithstanding the availability of the post, promotion was not granted against 20% post created under Senior Selection Grade. Learned counsel for the petitioner referring to Annexure-3 submits that the case of the petitioner was forwarded to the Regional Deputy Director of Education, Darbhanga Division,

Patna High Court CWJC No.14479 of 2014 dt.20-08-2018 2/2 Darbhanga by District Education Officer, Samastipur way back in the year 2009, but till date no decision was taken one way or the other.

4. Considering the aforesaid, the writ application is disposed of with a direction to the Regional Deputy Director of Education, Darbhanga Division, Darbhanga to take final decision on the claim of the petitioner for grant of promotion under Senior Selection Grade, if not already taken, within a period of three months from the date of receipt/production of a copy of this order in the light of the policy decision for creation of 20% post under Senior Selection Grade and on consideration of the fact whether seniority is falling in the category of 20% in the division concerned. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.08.2018 Transmission Date