Shiv Shankar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17212 of 2019 ====================================================== Shiv Shankar Jha Son of Late Sukhdeo Jha Resident of village - Amaithi, Police Station- Bahera, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Department of Primary Education, Government of Bihar, Patna.

2.

The Principal Secretary Human Resources Development Department Government of Bihar, Patna.

3.

The Director Primary Education Government of Bihar, Patna. 4.

The Regional Deputy Director of Education Darbhanga. 5.

The District Magistrate Darbhanga.

6.

The Deputy Development Commissioner Darbhanga. 7.

The District Education Officer Darbhanga.

8.

The District Programme Officer (East) Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagdish Pd. Singh Mr.Ramashankar Singh, Advocates For the Respondent/s :

Mr.Narendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner has filed the present writ petition for a direction to the respondents to consider the case of the petitioner for grant of second time bound promotion or ACP/MACP under the scheme.

The petitioner was initially appointed as Assistant Teacher on 12.01.1974. He was granted 1st time bound promotion w.e.f. 26.7.1984 on completion of ten years service.

Patna High Court CWJC No.17212 of 2019(2) dt.23-08-2019 2/2 The petitioner retired on 31.05.2011.

The scheme of second time bound promotion came to an end with effect from 31.12.1995 and as such the petitioner is not entitled to grant of second time bound promotion. However, subsequently the respondents have introduced the scheme of financial up-gradation by way of ACP/MACP.

Since there is no decision one way or the other, the writ petition is disposed of with a direction to the respondents to take appropriate decision with regard to the claim of the petitioner for grant of ACP/MACP, which was available at the time of superannuation of the petitioner. Necessary decision in this regard with all consequential benefits must be taken by the respondents within a maximum period of three months from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U