Sudhakar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1769 of 2011 ====================================================== Sudhakar Mishra son of Late Mahanth Mishra Presently Incharge Headmaster, Hardeo Prasad High School, Madhubani, Distt. West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Principal Secretary, Human Resources Development Deptt., Govt. Of Bihar, Patna

3. Joint Secretary, Human Resources Development Department, Govt. Of Bihar, Patna

4. Director, Secondary Education, Budh Marg, Patna

5. Deputy Director Of Education, Tirhut Division, Muzaffarpur

6. District Education Officer, Bettiah, District West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Chandra For the Respondent/s : AC to AAG 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-06-2016 Heard Sri Rakesh Chandra, learned counsel for the petitioner and learned AC to AAG No. 14.

The petitioner, has approached this court invoking its writ jurisdiction with a prayer to direct the respondents to consider and decide the question of his promotion to the post of permanent Headmaster.

In this case counter affidavit and detailed supplementary counter affidavits have been filed on behalf of the respondents and a categorical stand has been taken that his name was not included in the final seniority list and as such, his case

Patna High Court CWJC No.1769 of 2011 (14) dt.20-06-2016 2/2 was not earlier considered for being promoted as Headmaster. In the supplementary counter affidavit it was further indicated that in the year 2015 itself steps were taken for preparing the gradation list. However, it has been accepted by learned counsel for the petitioner that during the pendency of the writ petition in the year 2014 itself the petitioner has superannuated. In view of the fact that his name was not included in the final gradation list earlier and the fact that petitioner has already superannuated, I do not find any ground to pass any positive order.

The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U