Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17845 of 2019 ====================================================== Shakuntala Devi Wife of Triveni Sharma Resident of Village-Newari, P.S. Makhdumpur, District Jehanabad, Retired Asst. Teacher of Primary School, Khalkochak, P.S.-Makhdumpur, District-Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 2.

The District Primary Teacher Establishment (Promotion) Committee Jehanabad through its Chairman 3.

The District Education Officer Jehanabad 4.

The District Programme Officer (Estblishment) Jehanabad 5.

The Block Education Officer Makhdumpur 6.

The Headmaster/Drawing Disbursing Officer Primary School Khalkochak, Makhdumpur, Jehanabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Respondent/s :

Mr. Prabhakar Jha, G.P. 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel appearing for the respondent State.

The grievance of the petitioner in the present writ application is two fold. Firstly; that he was granted promotion vide order contained in 'Annexure 1' dated 03.07.2013 with effect from 1st February, 2008 but the consequential benefits has not been released to the petitioner. The second grievance is that the petitioner is, in fact, entitled to such promotion with effect from 1st February, 1998, but the respondents have granted

Patna High Court CWJC No.17845 of 2019(2) dt.03-09-2019 2/2 benefit of promotion with effect from 1st February, 2008. So far as the grant of promotion with effect from 1st February 1998 is concerned, the respondents have to verify the record to ascertain the entitlement of the petitioner with effect from 1st February 1998 and necessary decision may be taken on the claim of the petitioner for grant of the promotion with effect from 1st February 1998, at the earliest, preferably within a period of three months from the date of receipt/production of a copy of this order.

So far as the monetary benefits out of 'Annexure 1' is concerned, the respondents have to work out the entitlement of the petitioner for grant of monetary benefits with effect from 1st February, 2008 as admitted in Annexure-1 and ensure payment of such promotional benefits at the earliest preferably within a period of 45 days from the date of receipt/production of a copy of this order.

With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) uma/- U