Dina Nath Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11696 of 2014 ====================================================== Dina Nath Sharma, Son of Late Raghu Nath Sharma, Resident of VillageSughari, P.S.- Bhagwanpur, District- Siwan ... ... Petitioner/s

Versus

1. The State of Bihar, through the Secretary, Bihar Patna

2. The Director, Primary Education Department, Bihar, Patna

3. The Regional Deputy Director, Saran, Chapra

4. The District Education Officer (D.E.O.), Siwan, District- Siwan

5. The District Programme Officer (D.P.O.), Siwan, District- Siwan

6. The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar For the Respondent/s :

Mr. Mani Kant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-09-2018 The grievance of the petitioner in the present writ application is non-grant of second time bound promotion. The petitioner was appointed in the year 1964 and in terms of time bound promotion scheme petitioner was granted first time bound promotion with effect from 01.04.1981. Learned counsel for the petitioner submits that petitioner is entitled to grant of second time bound promotion with effect from 1993.

Learned counsel appearing on behalf of the petitioner further submited that respondents have granted the benefit of second time bound promotion to several similarly circumstanced teachers.

Referring to Annexure-1 series he submits that respondents have adopted pick and choose in the matter of grant of second time bound promotion.

Patna High Court CWJC No.11696 of 2014(2) dt.06-09-2018 2/2 Considering the fact that petitioner has superannuated on 31.01.2005, the respondents have to consider the claim of the petitioner for grant of benefit of second time bound promotion in accordance with prevailing rule of time bound promotion and grant the benefit of such time bound promotion, if the benefit of such time bound promotion was extended to the similarly circumstanced other teachers.

Final decision on the claim of the petitioner for grant of second time bound promotion shall be taken by the respondent District Programme Officer, Siwan within a maximum period of four months from the date of receipt/production of a copy of this order.

The respondent District Programme Officer, Siwan is required to ensure payment of monetary benefit as well as to determine fresh entitlement of the post-retiral dues of the petitioner on the basis of grant of time bound promotion to the petitioner.

Entire exercise must be completed within the time frame indicated hereinabove.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U