Abdul Karim v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11480 of 2011 ====================================================== Abdul Karim , son of Mehboob Ali, Resident Of Banghara ,Post-Banghara, P.S-Ghatho,Dist.-Samastipur .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna

2. The Director, Primary Education, Human Resources Development Department, Govt. of Bihar, Patna

3. The Regional Deputy Director of Education, Tirhut Divison ,Darbhanga

4. The Dist. Supdt. of Education ,Samastipur

5. Dist. Education Officer, Samastipur

6. Vasudev Rai S/O-not known to the petitioner, presently posted as Assistant Teacher, Govt. Basic School, Karibara, P.S-Ujiarpur,Dist.- Samastipur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Brisketu Sharan Pandey, Adv. For the Respondent/s : Mr. AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-03-2016 Heard Sri Tej Bahadur Singh, learned Senior Counsel, who was assisted by Sri Brisketu Sharan Pandey, learned counsel for the petitioner and Smt. Nutan Sahay, learned AC to GA-5. In the present writ petition, the petitioner has made a prayer for directing the Respondents to consider his case for promotion to Subordinate Education Service from Lower Subordinate Education Service and also a prayer was made to make correction in the gradation list.

In this case, a counter affidavit has been filed and in paragraph-7 of the counter affidavit, a stand has been taken that

Patna High Court CWJC No.11480 of 2011 (5) dt.14-03-2016 2/2 relying upon the recommendation made by the R.D.D.E., Tirhut Division-cum-appointing authority, a decision was taken to include the name of the petitioner at the appropriate place in the concerned gradation list and finally, his name has been included at Serial no.514-A in the earlier gradation list. A further statement has been made in paragraph-8 of the counter affidavit that since the basis of promotion is seniority and as the seniority of the petitioner has already been decided , his case for promotion would be considered in the next meeting of the departmental promotion committee.

In view of stand taken in the counter affidavit, the Court proposes to dispose of the writ petition with expectation that the case of the petitioner for promotion in view of seniority in the gradation list may be considered and decided expeditiously in accordance with law.

The writ petition stands disposed with above observation.

(Rakesh Kumar, J) NKS/- U