Vijay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13825 of 2014 ====================================================== Vijay Kumar, son of Mutukdhari Rai, resident of village Basatpur P.O. and P.S. Dighawara, and District Saran ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Ministry of Human Resources Government of Bihar, Bailey Road, Patna

2. The Director, Primary Education, Department of Human Resources, Government of Bihar, Bailey Road, Patna

3. The Deputy Director, Primary Education, Department of Human Resources, Government of Bihar, Bailey Road, Patna

4. The District Programme Officer, Chapra, Saran

5. The Block Education Extension Officer at Sonepur, P.S. Sonepur, District Saran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Advocate For the Respondent/s :

Mr. A K Rastogi, AAG 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 10-09-2018 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The present writ petition was filed way back on 11.08.2014 after service of advance copy to the office of the learned Advocate General. More than four years have been elapsed but no counter affidavit has been filed on behalf of the respondents.

The grievance of the petitioner in the present writ petition is non-inclusion of his name in the gradation list although juniors to the petitioner have been included in the gradation list.

Patna High Court CWJC No.13825 of 2014 dt.10-09-2018 2/3 Learned counsel submits that on account of lapse on the part of the respondents, petitioner's name was not included in the gradation list and as such the petitioner is adversely affected by noninclusion of his name in the gradation list. Learned counsel appearing on behalf of the State submits that he may be granted time to file counter affidavit. The present case requires verification of records at the level of the respondents themselves. There is no question of law involved in this case warranting any adjudication. Promotion of the teachers are governed by statutory rules, like 1993 Promotion Rules and subsequent 2011 Promotion Rules and as such it is the obligation of the respondents to consider the case of all eligible teachers in accordance with their own statutory rules.

If they fail in discharge of their responsibility they cannot be allowed to take advantage of denying the benefit of promotion to those who are otherwise eligible in terms of 1993 Promotion Rules.

Patna High Court CWJC No.13825 of 2014 dt.10-09-2018 3/3 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. mrl./- (Anil Kumar Upadhyay, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10.09.2018 Transmission Date N.A.