Nathuni Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12416 of 2019 ====================================================== 1.

Nathuni Mahto Son of Late Laxman Mahto R/o Village-Balahiya, P.S.-Piar, District-Muzaffarpur. At present posted and working as a Headmaster in Govt. Upgraded Middle School Badgaon, Block-Bandara, DistrictMuzaffarpur 2.

Ashutosh Kumar S/o Late Fuldev Pandey R/o Village-Minapur, P.S.- Minapur, District-Muzaffarpur. At present posted and working as an Assistant Teacher in Govt. Primary School (Kanya Utari) Vasudeo Chapda, Block-Minapur, District-Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The Principal Secretary Department of Finance, Government of Bihar, Patna 4.

The Director Primary Education, Government of Bihar, Patna 5.

The District Education Officer Muzaffarpur 6.

The District Programme Officer (Establishment) Muzaffarpur 7.

The Block Education Officer Bandra, Muzaffarpur 8.

The Block Education Officer Minapur, Muzaffarpur 9.

The District Accounts Officer Muzaffarpur 10.

The District Treasury Officer Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Vinay Kumar Mishra, AC to (AAG15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-06-2019 This writ petition has been filed by the petitioners for a direction to the respondents to grant senior scale/time bound promotion/ACP after completion of 12 years of service as Assistant Teacher in the matric trained scale in the light of the Bihar Elementary School Teachers' Promotion Rule, 1993.

Patna High Court CWJC No.12416 of 2019(2) dt.25-06-2019 2/2 Learned counsel for the petitioners submits that similarly circumstanced others have been favoured with the direction to the respondents to examine their case in the light of the decision in LPA No. 756 of 2015 which is enclosed as Annexure-5 to the writ petition.

Considering the fact that similarly circumstanced other persons writ petition was disposed of by this Court, the present writ petition is also disposed of with a direction to the District Programme Officer (Establishment), Muzaffarpur to examine the claim of the present petitioners in the light of the judgment of the Division Bench in LPA No. 756 of 2015 dated 16.8.2017 at the earliest preferably within a period of 60 days 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) spandey/- U