Rangi Ram Alias Rangi Lal Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23349 of 2013 ====================================================== Rangi Ram Alias Rangi Lal Ram Son Of Late Thug Ram Resident Of Village - Narayan, P.S. Kuchaikote, District - Gopalganj ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Human Resources Development Department, Govt. Of Bihar, Patna

3. The Director, Primary Education, Human Resource Department, Govt. Of Bihar, Patna

4. The District Programme Officer, Establishment ( Education ), Gopalganj, District - Gopalganj

5. The District Education Officer, Gopalganj, District - Gopalganj

6. The District Superintendent Of Education, Gopalganj, District - Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Udit Narayan Singh, Advocate For the Respondent/s :

Mr. Sarvesh Kr. Singh, A.A.G.-13 Mrs. Sunita Kumari, A.C. to A.A.G.-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 10-09-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondents.

2. The claim of the petitioner was not considered for grant of promotion in Gr.-III.

3. Learned counsel for the petitioner submits that petitioner has superannuated before his claim for grant of promotion in Gr.-III may be considered. He submits that respondents were obliged to decide the claim of the petitioner in accordance with 1993 promotion rules. Since there was delay on the part of the respondents, therefore, they cannot be heard saying that the petitioner has superannuated and as such petitioner cannot be considered for grant of promotion.

Patna High Court CWJC No.23349 of 2013 dt.10-09-2018 2/2

4. Learned counsel for the respondents submits that petitioner is not otherwise eligible for grant of promotion and as such no relief can be granted to the petitioner after his superannuation.

5. In view of the above, no positive direction can be issued in favour of the petitioner. However, if the petitioner files exhaustive representation to show that petitioner is otherwise eligible for grant of promotion in terms of 1993 promotion rules, the respondents may consider the case of the petitioner for grant of notional promotion for the purpose of grant of benefit of pensionary benefit.

6. The respondents are accordingly, directed to take fresh decision on the representation as to the claim for grant of promotion to grade-III.

7. Final decision on such representation may be taken by the respondents within a period of four months from the date of receipt/production of a copy of this order.

8. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.09.2018 Transmission Date