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Patna High CourtCWJC/25577/2013disposed

Sita Ram Singh v. The State Of Bihar And ORS

2018-09-24Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25577 of 2013 ====================================================== Sita Ram Singh S/O Late Charitar Singh, Retired Assistant Teacher, Middle School, Khirauna, Rahui, District- Nalanda. Resident Of Village- Hawanpura, Post- Bhandari, Block- Rahui, District- Nalanda. ... ... Petitioner/s

Versus

1. The State Of Bihar, Through, Principal Secretary, Human Resources Development Department ( Secondary Education), Govt. Of Bihar, Patna.

2. The Secretary, Department Of Secondary Education, Govt. Of Bihar, Patna.

3. The Director Primary And Secondary Education Directorate, Government Of Bihar, Patna.

4. The District Magistrate, Nalanda.

5. District Education Officer, Nalanda.

6. District Superintendent Of Education, Nalanda.

7. Principal Middle School, Khirauna Rahui, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Jai Prakash Sharma, AC to GP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-09-2018 This writ petition was listed on different dates under the heading 'For Admission'. But no one appeared on behalf of the petitioner. Under the compelling circumstances, in order to provide one more opportunity to the learned counsel for the petitioner the case was listed today under the heading 'For Dismissal'.

Unfortunately, today also, no one has appeared. The writ application was filed on 23rd December, 2013 raising grievance that the petitioner's juniors have been granted promotion in graduate trained scale with effect from 1984 but the case of the petitioner has not been considered. Petitioner

Patna High Court CWJC No.25577 of 2013(2) dt.24-09-2018 2/2 superannuated on 28.02.2009. After four years of superannuation, the writ application was filed. After 1984 development has taken place including coming into force the 1993 Promotion Rules. Under the 1993 Promotion Rules there is scheme for upgradation from basic grade to upward on completion of Kalabadhi and if the respondents have not granted such benefit in terms of the 1993 Promotion Rules and others have been granted such benefit, the respondents are required to take the corrective measure and grant such promotion with all consequential benefits in terms of then existing 1993 Rules.

Appropriate action in accordance with the 1993 Promotion Rules granting promotion to the petitioner shall be taken by the respondents within a maximum period of four months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) mrl./- U