Patna High CourtCWJC/10226/2015disposed

Rajendra Prasad Yadav v. The State Of Bihar And ORS

2015-07-27Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10226 of 2015 ====================================================== Rajendra Prasad Yadav, aged about 73 years, son of late Lachhi Ram Yadav, resident of Village- Siswa- Barhi, P.S.- Phulparas, DistrictMadhubani. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Secondary, Primary & Adult Education, Education Department, Bihar, Vikash Bhawan, Patna.

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

3. The District Education Officer, Madhubani.

4. The District Programme Officer (Establishment), Madhubani.

5. The District Officer, Madhubani.

6. The Accountant General, Bihar, Birchand Patel Path, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate.

For the Respondent/s :

Mr. S.K.Mandal, SC 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 27-07-2015 Having regard to the fact that the petitioner has a grievance with regard to grant of promotion under the Bihar Nationalised Primary School Teacher Promotion Rules, 2011 and that Rule 4 of the said Rules, 2011 vests such power in a five Member Committee headed by District Education Officer to take a decision for promotion, this court, in the first instance, would direct the concerned District Education Officer to consider the grievance of the petitioner.

2. It is made clear that as Rule 18 of the aforesaid Rules, 2011 provides for an appeal to the Regional Deputy Director of Education, if the petitioner is aggrieved by the order of

Patna High Court CWJC No.10226 of 2015 (2) dt.27-07-2015 2/2 the Five Member Committee before whom the case of the petitioner has to be placed by the District Education Officer for taking a decision on any aspect relating to claim of promotion including that some alleged juniors to him has been given such promotion, he may file an appeal.

3. With the aforementioned observation and direction, this writ application is disposed of.

(Mihir Kumar Jha, J) Sujit/- U