Urmila Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16573 of 2019 ====================================================== 1.
Urmila Kumari W/o Anjani Kumar Thakur Resident of Village- Raghauli, P.s.- Bisfi, Distt.- Madhubani 2.
Chandrakala Prasad W/o Shashi Nath Prasad Vill.- Jhanjharpur Ward No. 5, Distt.- Madhubani, at present posted as Kanhaiyalal Middle School Kanhauli, Jhanjharpur 3.
Shila Jha W/o Sri Vishnu Kumar Jha Vill.- Ghoghardiha, Distt.- Madhubani, at present posted as Kanya Madhya Bidyalay, Ghoghardiha 4.
Saroj Kumari W/o Sri Birendra Kumar Bikal Vill.- Laukahi, P.s.- Laukahi, Distt.- Madhubani, at present posted as Middle School Laukahi 5.
Kumari Nirmala W/o Raj Mohan Pandey Vill.- Ghorbanki, P.s.- Bisfi, Distt.- Madhubani, at present posted as Prathmik Maktab Bardaha 6.
Renuka Kumari W/o Sri Ramdeo Prasad Sahu Vill.- Lakshaminia, P.s.- Laukahi, Distt.- Madhubani, at present posted as Utkramit Madhya Vidyalay, Lakshaminia 7.
Urimila Kumari W/o Sri Arbind Kumar Vill.- Sonvarsha, P.s.- Laukahi, Distt.- Madhubani, at present posted as Prathmik Vidyalay Hirpatti, Laukahi 8.
Kamla Kumari w/o Chandra Narayan Raut Vill.- Padma, P.s.- Ladania, Distt.- Madhubani, at present posted as Madhya Vidyalay Kumarkhat, Ladania 9.
Shila Kumari W/o Sheo Kumar Mand Vill.- Ratansara, P.s.- Ghoghardiha, Distt.- Madhubani, at present posted as Utkramit Madhya Vidyalay, Ratansara, Ghoghardiha 10.
Shila Kumari Jha W/o Sri Rajendra Jha Vill.- Balha, P.s.- Rajnagar, Distt.- Madhubani, at present posted as Prathmik Vidyalay Balha, Hindi, Rajnagar 11.
Gayatri Mishra W/o Sri Premchand Mishra Vill.- Dhakjari, P.s.- Arer, Distt.- Madhubani, at present posted as G.M.S.S. Middle School, Madhubani 12.
Bibi Anjum Aara W/o Md. Wazid Ali Vill.- Bardaha, P.s.- Bisfi, Distt.- Madhubani, at present posted as Prathmic Mahtab Bardaha Kanya, Bisfi 13.
Ram Kumar Mahto S/o Sri Rameshwar Mahto Vill.- Nawada, P.s.- Madhepur, Distt.- Madhubani, at present posted as Rakiya Adarsh Rajput Samaj Madhyavidyalay, Madhepur 14.
Chandradeo Prasad S/o Late Dwarika Prasad Vill.- Rahika, P.s.- Rahika, Distt.- Madhubani, at present posted as Madhya Vidyalay Bidyabharti Laheriaganj, Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Principal Secretary Human Resource Development Department, Govt. of Bihar, Patna 3.
The Director Primary Education, Bihar, Patna 4.
The Regional Deputy Director Darbhanga Division, Darbhanga
Patna High Court CWJC No.16573 of 2019(2) dt.19-08-2019 2/3 5.
The District Education Officer Madhubani, Distt.- Madhubani 6.
The District Programme Officer Establishment Madhubani, Distt.- Madhubani ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwanath Prasad Singh, Sr. Advocate Mr. Sanjay Kumar Singh, Advocate For the Respondent/s :
Mr. AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-08-2019 Heard learned counsel for the petitioners and the respondents.
The petitioners have approached this Court for a direction to the respondent to consider their case for grant of promotion in Graduate Trained Scale and further on the post of Head Master.
The issue requires factual enquiry under the level of the District Programme Officer (Establishment), Madhubani as to ascertain the seniority position of the petitioners and considering their case for grant of Graduate Trained Scale and further for grant of promotion on the post of Head Master . Mr. Vishwanath Prasad Singh, learned senior counsel for the petitioner submits that the similarly circumstanced others have been granted the benefit of promotion as Graduate Trained Scale and further for grant of promotion on the post of Head Master, but without any rhyme and reason the respondents have
Patna High Court CWJC No.16573 of 2019(2) dt.19-08-2019 3/3 adopted different yardstick in considering the case of the petitioners.
In view of the above, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Madhubani to consider the case of the petitioners in accordance with the seniority and eligibility for grant of promotion in Graduate Trained Scale and further on the post of Head Master in accordance with law at the earliest preferably within a period of three months from the date of receipt/production of a copy of this order with all consequential benefits.
(Anil Kumar Upadhyay, J) uday/- U