Pramod Kumar Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11775 of 2019 ====================================================== 1.

Pramod Kumar Rana, aged about 58 years, Gender Male, S/o Tej Narayan Rana, Resident of Balu Ghat, Ward No. 15, Bandh Road, near Aam-Mahua Tree, P.S.-Bhagwanpur, District- Muzaffarpur. Presently Posted as Assistant Teacher, Upgraded Middle School Kakra Chak, Bochahan, DistrictMuzaffarpur. 2.

Arun Prasad Singh, aged about 56 years, Gender Male, S/o Bindeshwar Singh, Resident of Veena Bhawan, Krishna Toli, P.O.-M.I.T. Brahmpura, District-Muzaffarpur, Presently Posted as Assistant Teacher, Upgraded Middle School Pirakhpur, Bochahan, District-Muzaffarpur. 3.

Kaushal Kishore Prasad, aged about 51 years, Gender Male, S/o Durga Prasad Sahni, Resident of Village-Siswara, Loma Urf Loama, District Muzaffarpur, Presently Posted as Assistant Teacher, Upgraded Middle School Godhani Brahm Asthan, Bochahan, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Governemnt of Bihar, Patna.

2.

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

3.

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

The Regional Dy. Director ofn Education, Tirhut Division, Muzaffarpur. 5.

The District Education Officer, Muzaffarpur, District-Muzaffarpur. 6.

The District Programme Officer (Establishment), Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Singh For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-02-2021 Heard learned counsel for the petitioners and the learned A.C. to G.P.20 The petitioner in this writ petition seeks following reliefs:

(I) For issuance of an appropriate writ in the nature of

Patna High Court CWJC No.11775 of 2019(5) dt.18-02-2021 2/3 mandamus commanding and directing the respondent authority to grant promotion to the petitioners on the post of Headmaster w.e.f. 31.12.2017 in view of letter issued by the Special Secretary, Education Department, Government of Bihar contained in Memo No.484 dated 31.03.2018 with all consequential monetary benefit thereupon w.e.f. 31.12.2017. (II) For issuance of any other writ/writs, direction/directions, order/orders for which the writ petitioners shall be found entitled under the facts and circumstances of the case.

Learned counsel for the petitioners submits that the State Government has already issued notification on 31.03.2018 with regard to promotion of teachers on the post of Headmasters on the basis of directions contained therein. Leaned counsel for the State filed counter affidavit and submits that let the matter be remanded to the concerned authority for consideration of the case of the petitioners within four months.

Having considered the facts and the submissions of both sides, I dispose of this writ petition with a direction to the respondents to consider the case of the petitioners in the light of the notification as contained in Memo No.484, dated 31.03.2018

Patna High Court CWJC No.11775 of 2019(5) dt.18-02-2021 3/3 and pass order in accordance with law within four months from the date of receipt of this order.

With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U