Ravindra Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23277 of 2013 ====================================================== Ravindra Kumar Mishra S/O Late Braj Bhushan Mishra Resident Of VillageBahsi, Kadilpur, P.S- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

1. The State Of Bihar

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

3. The District Magistrate, Vaishali At Hajipur.

4. The District Programme Officer, Vaishali At Hajipur.

5. The Superintendent Of Education, Vaishali At Hajipur

6. The Block Education Extension Officer, Jandaha, Vaishali At Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kr. Tiwari, Advocate Mr. Yogendra Kr. Singh, Advocate For the Respondent/s :

Mr. Girija Shankar Pd., Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 10-08-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The grievance of the petitioner is non-consideration of his case for grant of promotion.

3. On behalf of the respondents stand has been taken in the counter affidavit filed on 10.2.2015 that the meeting of the Departmental Promotion Committee has been stayed under the orders of the General Administrative Department and as such the case of the petitioner could not be considered for grant of promotion.

4. The issue as to stay of the meeting is now no more relevant as the Department after the order of this Court as well as the Apex Court has already taken decision lifting ban on holding

Patna High Court CWJC No.23277 of 2013 dt.10-08-2018 2/2 the meeting of the Departmental Promotion Committee and the plea of the ban on holding meeting of DPC promotion by General Administrative Department is now no more relevant.

5. The respondents are hereby directed to take immediate decision for grant of promotion by placing the case before the Departmental Promotion Committee within a maximum period of six months from the date of receipt/production of a copy of this order.

6. It goes without saying that the consequential benefits on such promotion is available to the petitioner from the date of entitlement including the date on which promotion was granted to the juniors to the petitioner as the respondents cannot deny the consequential benefits on account of lapse of the respondents by keeping the matter of promotion of the petitioner pending.

7. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.08.2018 Transmission Date