Lalan Prasad Dubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14675 of 2014 ====================================================== Lalan Prasad Dubey Son of Late Mukteshwar Dubey resident of Mohalla - Anandmarg Colony, P.S. Mirjan Hat, Bhagalpur, District - Bhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Director of Primary Education, Bihar, Patna, Vikas Bhawan, Patna - 1.

3. The Regional Deputy Director of Education, Bhagalpur Division at Bhagalpur.

4. The District Education Officer (D.E.O.) District Education Trial Court, Dumra, Bhagalpur, P.S. - Alampur, District - Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivanand Prasad Sinha, Advocate For the Respondent/s :

Mr. Jitendra Kumar, AC to AAG-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2018 This case was earlier listed for admission on different dates but no one appeared on behalf of the petitioner. As a matter of last indulgence to the counsel for the petitioner, today this case has been listed under the heading for "Dismissal" but even today no one appears on behalf of the petitioner to assist the Court.

Under the compelling circumstances, the Court is constrained to dispose of the writ application on the basis of the pleadings.

Petitioner has filed the present writ application for a direction to the respondents to grant selection grade in terms of resolution no.6022 F(2) dated 18.12.1989.

Patna High Court CWJC No.14675 of 2014(2) dt.01-10-2018 2/2 The issue raised in the writ petition is no more res integra as this issue was decided by a coordinate Bench of this Court in the case of Shiv Nath Jha case wherein this Court has held out that the teachers are entitled to the benefit in terms of resolution no. 6022 F(2) dated 18.12.1989.

Considering the aforesaid, the writ petition is disposed of with direction to the respondents to grant benefit of selection grade on completion of 12 years and 24 years. Necessary decision for grant of such benefit may be taken by the respondents within a maximum period of four months from the date of receipt/production of a copy of this order in view of the fact that petitioner has superannuated on 30.6.2011.

The respondents are further required to grant consequential benefit including the arrears as well as benefit of revised pension on grant of selection grade within a further period of one month from the date of such decision. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U