Dharmraj Bhim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13075 of 2024 ====================================================== Dharmraj Bhim S/o Laldeo Poddar Resident of Village- Alauli, Ward No.- 19, P.S.- Alauli, District- Khagaria, at present posted as Head Clerk in the office of Regional Deputy Director, Munger Division, Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Chief Secretary, Department of Education, Bihar, Patna. 3.

The Director, Secondary Education, Bihar, Patna. 4.

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

The District Education Officer, Begusarai.

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

For the Petitioner/s :

Mr. Subodh Kumar, Adv.

For the Respondent/s :

Mr. Divit Vinod, (AC to SC-26) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ application has been filed for commanding the respondent-authorities to promote the petitioner to the post of Office Superintendent in the Department of Education, Bihar, Patna and further prayer has been made for directing the respondent-authorities to consider the representation of the petitioner and promote him against the vacant post of Office Superintendent in the Department of Education, Bihar, Patna for which the petitioner is eligible.

3. Learned counsel for the petitioner submits that the promotion of the petitioner has not been considered, for which,

Patna High Court CWJC No.13075 of 2024(2) dt.02-09-2024 2/2 the petitioner has also filed representation, but no decision has been taken.

4. Learned counsel for the State on the other hand submits that the Bihar Government Servant Grievance Redressal Rules, 2019 has been framed by the General Administrative Department, Government of Bihar under which, in Definition 2(c)(4), the provisions relating to promotion has to be considered under the said Rule, for which the petitioner has to file complain before the Service Grievance Redressal Officer.

5. In this view of the matter, the present writ application stands disposed off directing the petitioner to avail the remedy before the Service Grievance Redressal Officer under the Bihar Government Servant Grievance Redressal Rule, 2019 within 30 days from the date of disposal of the writ petition and the authority concerned (respondent no. 4) shall decide this matter in accordance with the said Rule within the specified period, which has already been mentioned in the said Rule.

(Dr. Anshuman, J) sadique/- U