Sri Jagannath Prasad Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8987 of 2016 ======================================================

1. Sri Jagannath Prasad Singh son of Late Ganpati Singh, Resident of village & P.o.- Kevtaba, P.S.- Baruari, District- Muzaffarpur

2. Renu Rani wife of Dr. Ramadhar Choudhary, residing at Kirtan Bhavan Road, Ward No. 18, P.S.- Madhubani, DistrictMadhubani

3. Sri Shatrughan Jha sonof Late Dev Nandan Jha, residing at Ramanand Path, Balbhadrapur, P.S.- Laheriasarai, DistrictDarbhanga

4. Sri Khedan Jha son of Sri Upendra Jha, residing at Ayachhinagar, Beta, P.S.- Laheriasarai, District- Darbhanga

5. Ram Pukar Mishra son of Late Harinandan Mishra, residing at Shastrinagar, Akani Road, P.S.- Laheriasarai, DistrictDarbhanga ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna

2. The Director, Secondary Education, Government of Bihar, Patna

3. The Regional Deputy Director of Education, Darbhanga

4. The District Education Officer, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sri Niwas Jha, Advocate For the Respondent/s :

Mr. B.K. Pandey, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners have filed the present writ application for a direction to the respondents to consider the case of the petitioners for promotion in super selection grade pursuant to the decision of the State Government vide resolution no. 6022 dated 18.12.1989.

Learned counsel for the petitioners submits that the

Patna High Court CWJC No.8987 of 2016(3) dt.02-05-2018 2/2 respondents are suppose to consider the case of the petitioners for grant of super selection grade or benefit of senior scale in the light of their own decision as granting such scale to similarly circumstances others and denying the same to these petitioners amounts to violation of Article 14 of the Constitution of India. Without expressing any opinion on the merit of the case, the writ petition is disposed of with direction to the respondents to consider the case of the petitioners for grant of senior scale on completion of 12 and 24 years as held out by a coordinate bench of this court in similar such cases, the respondents are also directed to take final decision with regard to entitlement of the petitioners within a period of sixty days from the date of receipt/production of a copy of this order and the consequential benefits must be extended to the petitioners within a further period of one month.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U