Patna High CourtCWJC/788/2011disposed

Chandra Mauli Pathak And ANR v. The State Of Bihar And ORS

2015-10-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.788 of 2011 ======================================================

1. Chandra Mauli Pathak son of Sri Ram Nandan Pathak resident of Village Makandpur P.S. Wartsaliganj Distt. Nawadah

2. Satish Kumar Sinha son of Late Devi Prasad Sinha resident of Mohalla Rajendra Nagar-1 P.S. And DSitt. Nawadah .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary Human Resources Development Department , Bihar, Patna

2. The Director .Primary Education, Govt. Of Bihar Patna

3. The District Magistrate-Cum -Chairman, District Education Committee Nawadah

4. The District Superintendent Of Education Nawadah Distt. Nawadah .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kripa Nand Jha For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-10-2015 Heard Sri Kripa Nand Jha, learned counsel for the petitioners and learned AC to SC No. 20.

The petitioners have approached this court under Article 226 of the Constitution of India with a prayer to quash Memo No. 1512 dated 3.6.2010 whereby earlier promotion granted to the petitioners as Head Master have been cancelled with retrospective effect.

In this case a counter affidavit has been filed and in paragraph no. 13 it has been stated that the petitioners became eligible for grant of promotion in the year 2008 and therefore they shall be placed in the gradation list of the year 2008 and in

Patna High Court CWJC No.788 of 2011 (5) dt.29-10-2015 2/2 accordance with the same their eligibility, they shall be extended the relief in accordance with law.

Earlier the writ petition was adjourned on the prayer made by learned counsel for the petitioners to get fresh instruction. However, learned counsel for the petitioners submits that despite his best effort he has not been able to get any instruction and as such, in view of submission made in paragraph no. 13 of the counter affidavit filed by the respondent no. 4, he makes a prayer for disposal of the present writ petition.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U