Rajeshwar Thakur And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15526 of 2012 ===========================================================

1. Rajeshwar Thakur Son Of Late Dharmnath Thakur Resident Of Village And Post- Deva Bahuara, Anchal Madhaura Block Madhaura District Saran.

2. Shahood Alam Son Of Md. Siddique Resident Of Village And P.O.- Olhanpur Anchal- Madhaura Block Madhaura District Saran.

3. Zafar Aqueel Son of Late Md. Jubair Resident of Mohalla- Karim Chak, Chapra, District- Saran.

4. Taukir Usman Ansari Son of Late Abdul Mannan Resident of Maksuspur, P.O. Khodai Bag District Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar through The Chief Secretary, Govt. Of Bihar.

2. The Secretary Cum Commissioner, Human Resources Department, Govt. of Bihar, Patna.

3. The Director Primary Education, Govt. Of Bihar, Patna.

4. The District Magistrate, Saran.

5. The District Education Officer, Saran.

6. The District Superintendent of Education, Saran Now District Program Officer, Saran.

7. The Block Educational and Extension Officer, Block Nagra, District- Saran

8. The Block Educational And Extension Officer, Block Chapra Sadar, DistrictSaran.

9. Brajesh Kumar Singh S/O Not Known Utkramit Madhya Vidyalaya Babhnahiya Garkha P.S. Garkha Dist. Saran.

10. Dhirendra Kumar Singh S/O Not Known Utkramit Madhya Vidyalaya Hankarpur, Ishwapur, P.S. Ishwapur Dist. Saran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Md. Anis Akhtar, Advocate For the Respondent/s : Mr. A.Ujjwal, SC25 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 06-09-2018 1.

Heard the learned counsel for the petitioner and counsel appearing on behalf of the State.

2.

Mr. Anis Akhtar, learned counsel appearing on behalf of the petitioner submits that the petitioners have filed representation

Patna High Court CWJC No.15526 of 2012 dt.06-09-2018 2/3 addressed to the District Programme Officer, Establishment, Chapra, Saran for redressal of his grievance in the nature of granting promotion.

3.

The respondents-authorities have not passed any order on the representation filed by the petitioners regarding grant of promotion in terms of district gradation list as well as in district promotional list of Graduate trained Teachers. 4.

After the judgment of the full Bench in the case of Ram Nath Prasad Singh Vs. State of Bihar 2009(3) PLJR 384, the respondents were required to grant of promotion according to 1993 promotion Rules and as such the respondents are required to grant promotion the petitioners as per their seniority. Since the petitioner has filed a representation before the District Program Officer, Establishment, Chapra and till date no decision has been taken on the representation filed by the petitioner before the respondent-District Program Officer, Saran. The writ petition is disposed of with a direction to the District Program Officer, Establishment, Chapra who shall examine the claim of the petitioner in terms of the representation contained in Annexure-5 series and take appropriate decision on the claim of the petitioner, if not already decided within a maximum period of four months from the date of receipt / production of a copy

Patna High Court CWJC No.15526 of 2012 dt.06-09-2018 3/3 of this order.

5.

With the aforesaid observation and direction, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date08/09/2018 Transmission Date NA