Rasendra Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10261 of 2016 ====================================================== Rasendra Narayan Singh son of Late Ram Sharan Singh resident of VillageGumla, Police Station- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Scheduled Caste/Scheduled Tribe Welfare Department, Government of Bihar, Patna.

2. The Director, Scheduled Caste/Scheduled Tribe Welfare Department, Government of Bihar, Patna.

3. The Deputy Director, Scheduled Caste/Scheduled Tribe Welfare Department, Government of Bihar, Patna.

4. District Welfare Officer, Begusarai.

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

For the Petitioner/s :

Mrs. Mahasweta Chatterjee, Adv.

For the Respondent/s :

Mr. Alok Kumar, AC to SC V ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-04-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

Petitioner has filed the present writ application for a direction to the respondents to finalize the gradation list of the graduate trained teachers for the purpose of granting promotion to the post of Headmaster.

This writ application was filed after service of two advance copy to the office of the Advocate General on 27.06.2016, unfortunately, neither the respondents have redressed the grievance of the petitioner nor have they filed counter affidavit. In the matter like instant, keeping the same pending, for years together, is most unwarranted. Since, the respondents have not file counter affidavit,

Patna High Court CWJC No.10261 of 2016(2) dt.19-04-2018 2/2 it would be appropriate to direct the respondents to complete their part of obligation in the matte of finalizing the gradation list of graduate trained teachers so that the eligible teachers may be considered for promotion to the post of Headmaster. Considering the above, the writ application is disposed off with a direction to the Director, Scheduled Castes/Scheduled Tribes Welfare Department, Government of Bihar, Patna, respondent no. 2, to finalize the gradation list of teachers in graduate trained scale so that the teachers may be considered and granted promotion as Headmaster, according to the seniority position of respective teachers. The respondents are required to complete the process of preparation of gradation list of graduate trained teachers and also to consider the case of the teachers in accordance with the rules for promotion to the post of Headmaster within a maximum period of four months, from the date of receipt/production of this order. With the aforesaid, the writ application stands disposed off.

(Anil Kumar Upadhyay, J) Shamshad/- U