Achuta Nand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15510 of 2012 ====================================================== ACHUTA NAND SINGH S/O LATE SATYA NARAYAN SINGH RESIDENT OF VILLAGE- AKARUA, P.S- PIRO, DISTRICT- BHOJPUR. ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA.

2. THE DIRECTOR, PRIMARY EDUCATION, HUAMN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA.

3. THE DISTRICT EDUCATION OFFICER, BHOJPUR AT ARA.

4. THE PROGRAMME OFFICER, BHOJPUR AT ARA.

5. THE PROGRAMME OFFICER, (ESTABLISHMENT) BHOJPUR AT ARA.

6. THE ACCOUNTANT GENERAL BIHAR AT PATNA.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Respondent/s :

Mr. P.K. Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is non-consideration of the case of the petitioner for grant of super selection grade in terms of letter No.3017 dated 12.02.2005.

Considering the fact that the petitioner has superannuated in 2003. Petitioner is granted liberty to file afresh

Patna High Court CWJC No.15510 of 2012(3) dt.06-07-2018 2/3 representation along with the copy of this order to facilitate the respondent to take appropriate decision on the claim of the petitioner.

Learned counsel for the petitioner submits that once the respondents have invited the application in the prescribed format for grant of super selection grade, respondents are required to take final decision and communicated the same to the petitioner. He also submits that in response Annexure-4, the petitioner has filed the application in prescribed format, but till dated the petitioner was not communicate the outcome of the representation filed by the petitioner.

Under the aforesaid circumstance instead of keeping the writ petition pending any further, the writ application is disposed of with a direction to the District Programme Officer Bhojpur at Ara to examine the claim of the petitioner for consideration of super selection grade, if not already decided within a maximum period of three months from the date of receipt/production of a copy of this order as the benefit in terms of Annexure-4 is admissible to retired as well as even death of teachers and as such the District Programme Officer is under obligation to take decision and communicate the same to the petitioner within a time frame indicated hereinabove.

Patna High Court CWJC No.15510 of 2012(3) dt.06-07-2018 3/3 With the aforesaid the writ application stands disposed of.

(Anil Kumar Upadhyay, J) banti/- U