Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8733 of 2016 ====================================================== Sanjay Kumar, Son of Kamal Deo Prasad, Resident of Mohalla- Noorsarai Biharshariff, P.O+ P.S.- Biharshariff, District- Nalanda. ... ... Petitioner/s

Versus

1. The State of Bihar

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

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

4. The Regional Deputy Director of Education, Patna.

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

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

7. The Senior Deputy Collector, teacher Promotion Committee, Nalanda, (Biharshariff) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Respondent/s :

Mr. Arun Kumar, AC to GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 27-02-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ petition is non-consideration of his case for grant of promotion in the Graduate Trained Scale. The claim of the petitioner is that vacancy in the Graduate Trained Scale is available with effect from 29.11.2012 and notwithstanding the petitioner fulfills all the conditions for grant of promotion, the respondents are sitting tight over the matter.

Patna High Court CWJC No.8733 of 2016 dt.27-02-2018 2/2 This writ petition was filed with service of two advance copies to the office of the Advocate General on 16.5.2016 yet the respondents have not filed counter affidavit. Under the aforesaid circumstances, instead of keeping the matter pending, the respondent- District Programme Officer (Establishment), Nalanda is directed to take final decision with regard to entitlement of the petitioner for grant of promotion within a maximum period of 60 days from the date of receipt/production of a copy of this order.

In case the petitioner is found eligible for grant of promotion, necessary consequential order is required to be passed within a further period of one month from the date of such adjudication.

With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.03.2018 Transmission Date