Manoj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6871 of 2018 ====================================================== Manoj Kumar S/o Vishwanath Chaudhary, R/o Village- Jethui Nijamat, District- Vaishali. Presently Posted at Upgraded Middle School Dhane Goraul, Block- Goraul, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Education, Bihar, Patna. 3.

The Director, Primary Education, Bihar, Patna. 4.

The District Education Officer - cum-Chairman, District Elementary Teacher Promotion Committee, Vis 5.

The District Programme Officer Establishment District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Respondent/s :

Mr. Madhaw Prasad Yadaw- GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2023 The petitioner has filed the present writ application for following reliefs.

The petitioner is claiming promotion in graduate trained scale in Grade III PB-2 Grade Pay 4600 from Matric Trained Scale.

Learned counsel for the petitioner submits that the Regional Deputy Director is the appellate authority who can decide the matter and this writ petition may be relegated in appeal.

Taking into consideration the submission, the

Patna High Court CWJC No.6871 of 2018(3) dt.28-04-2023 2/2 petitioner is directed to file appeal before the competent authority.

It is made clear that if an appeal is filed within a period of one months along with condonation of delay petition, the appellate authority shall consider the same in accordance with law and pass an appropriate order within a period of three months from date of filing of the representation. It is observed that if the appeal goes in favour of the petitioner, the appellate authority shall pass an order for payment, with all consequential benefits, admissible to the petitioner within a period of one month from the date of disposal of the appeal.

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

(Anil Kumar Sinha, J) ashwani/- U