Prithwi Chand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14460 of 2019 ====================================================== Prithwi Chand Mandal Son of Late Basudev Mandal Resident of VillageMadhuban, Tintenga, Ward No. 12, Police Station-Udakishunganj, DistrictMadhepura ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Patna 2.

The Director Primary Education, Education Department, Government of Bihar, Patna 3.

The District Magistrate Madhepura 4.

The District Education Officer Madhepura 5.

The District Programme Officer (Establishment) Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1, S.C. 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondent State. The petitioner has approached this Court for a direction to the respondents to consider his case for grant of senior scale in the light of relevant Promotion Rules. Learned counsel for the petitioner would submit that the petitioner was appointed as Assistant Teacher on 24.01.1980. He was granted Matric Trained Scale on 01.03.1981. In terms of the 1993 Promotion Rules, the petitioner is entitled to grant of Senior Scale on completion of Kalawadhi according to the Rule 5 of 1993 Promotion Rules.

Patna High Court CWJC No.14460 of 2019(2) dt.22-07-2019 2/3 The 1993 Promotion Rules were subsequently superseded by 2011 Promotion Rules. Rules are made for the purpose of appropriate action in the decision making of the respondents but it appear that after framing of the Rules, only a few are benefited with the Promotion in terms of the Rules, rest have to approach this Court or remain content without getting any promotional benefit.

This Court is inclined to dispose of the present writ application involving grant of higher pay scale or promotion which is statutory right in terms of the Statutory Rules which provide for upgradation on account of completion of Kalawadhi under 1993 Rules and further the Scheme of promotion under 2011 Rules, with a direction to the respondents to take appropriate decision with regard to the claim of the petitioner at the earliest preferably within a period of 60 days and grant all consequential benefits including monetary benefit within the time frame indicated hereinabove.

With the aforesaid, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) uma/- U

Patna High Court CWJC No.14460 of 2019(2) dt.22-07-2019 3/3