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Patna High CourtCWJC/15828/2019disposed

Dr. Shashi Dhar Pandey v. The State Of Bihar

2019-08-06Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15828 of 2019 ====================================================== Dr. Shashi Dhar Pandey S/o Raj Bansh Pandey R/o Mohalla-Katira,PO Ara,PS Ara Nawada,Dist.Bhojpur.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Education,Govt. of Bihar,Patna 3.

The District Magistrate, Bhojpur at Ara 4.

The Regional Deputy Director of Education, Patna Division,Patna. 5.

The District Education Officer, Bhojpur at Ara. 6.

The District Programme Officer(Establishment) Bhojpur at Ara 7.

The Programme Officer, Bhojpur at Ara 8.

The Sub-Inspector of Schools,Ara Town, Dist.Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bibhakar Tiwary For the Respondent/s :

Mr. Sunil Kumar (Ga12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The present writ application has been filed by the petitioner for grant of promotion from the date juniors to the petitioner have been granted promotion.

Learned counsel submits that there is large scale irregularity in the matter of grant of promotion. The matter was enquired by the District Magistrate, Ara but no decision was taken as yet. The petitioner was granted matric/inter scale with

Patna High Court CWJC No.15828 of 2019(2) dt.06-08-2019 2/3 effect from 10.2.1087. He was granted promotion in graduate pay scale with effect from 15.10.2012. He has qualification of M.A. and P.hd . The matter was also required consideration on the ground of disabilities as petitioner is suffering from 42 % disability.

Learned counsel submits that the persons even 18 years juniors to the petitioner have been considered for grant of promotion to the post of Headmaster but the case of the petitioner was not considered and as result of indecisiveness of the respondents the petitioner is suffering adversely. Without going into the merit of the writ application, the writ petition is disposed of with direction to the District Programme Officer (Establishment), Ara to enquire into the allegation of the petitioner that 18 years juniors have been granted promotion but the petitioner was denied and on verification of the record, if the District Programme Officer (Establishment), Ara finds that junior to the petitioner has been granted promotion then he shall pass appropriate order extending the same benefit of promotion.

Necessary decision in this regard must be taken by the District Programme Officer (Establishment), Ara at the earliest preferably within a period of sixty days from the date of

Patna High Court CWJC No.15828 of 2019(2) dt.06-08-2019 3/3 receipt/production of a copy of this order.

While taking decision he may also consider the report of the District Magistrate in the mater of grant of promotion. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U