Vikash Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15035 of 2015 ===========================================================

1. Vikash Kumar S/o Sri Brajnandan Prasad Singh Resident of At + P.O. Subhanpur, P.S. Jairam More, Prakhand Barbigha, District Sheikhpura.

2. Sanjay Kumar S/o Shri Nawal Kishor Prasad At+P.O. Gilani, Prakhand Asthama, P.S. Sare, District Nalanda (Biharshariff).

3. Rajesh Krishna S/o Shri Madhav Krishna Singh At + P.O. Chhoti Chhariyari, P.S. Tharthari, Prakhand Tharthari, District Naland (Biharshariff).

4. Rajesh Kumar S/o Shyam Sundar Prasad At Goushnagar, P.O. Kenarkala, Prakhand Sarmera, nalanda (Biharshariff).

5. Md. Sahid Prawez S/o Md. Islam Hasmi At + P.O. + P.S. Barbigha, District Sheikhpura.

6. Yogendra Kumar S/o Chhotan Prasad At Kabirchak, P.O. Mirnagar, P.S. + Prakhand Sarmera, District Nalanda (Biharshariff). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

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

4. The Regional Deputy Director of Education, Patna.

5. The District Education Officer, Nalanda (Biharsharif).

6. The District Programme Officer (Establishment), Nalanda (Biharsharif).

7. The member of District Teachers Promotion Committee Senior Deputy Collector, Nalanda (Biharsharif).

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rama Kant Singh For the Respondent/s : Mr. Shashi Shekhar Kr. Prasad, AC to SC13 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-06-2016 Petitioners filed the writ application because they were not granted promotion in graduate trained scale in science despite demand having been made upon the concerned authorities of the district. A counter affidavit sworn by the District Education Officer has been served and filed in which it is clearly stated that grant of promotion is ongoing exercise depending upon the vacancy position and eligibility. Teachers whose seniority stood at serial No. 328 under the gradation list of the general category

Patna High Court CWJC No.15035 of 2015 dt.24-06-2016 have been granted promotion by the Promotion Committee. Since these petitioners do not figure at that seniority position, they have not been granted promotion so far. There is no other reason or mischief against non grant of payscale or promotion for which petitioners have made a grievance. The Court is made to understand that the exercise is going on and the moment seniority position is matched with the vacancy position, petitioners will also get promotion provided they do not suffer from any inadequacy with regard to grant of such promotion.

In view of the same, writ application is disposed of with a direction upon the District Education Officer that the exercise for promotion will be expedited and completed keeping in mind the number of vacancies which are available and are required to be filled up by grant of such promotion. The District Education Officer, Nalanda is present in person in terms of the direction. His presence stands dispensed with now, with an observation that he must ensure that cases pertaining to his district and jurisdiction relating to the High Court must be expedited and affidavits should be filed without any delay. (Ajay Kumar Tripathi, J) R.K.Pathak/- AFR/NAFR NAFR CAV DATE Uploading Date 24/06/2016 Transmission Date