Uday Kumar Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7667 of 2017 ====================================================== 1.

Uday Kumar Singh and Anr Son of Late Ganesh Singh, Resident of VillageDamodarpur East, P.O. P.S. Sarai, District- Vaishali. 2.

Nawal Kishore Kisalaya, Son of Late Chhathu Lal Sah, Resident of Mohalla- Bagduehan, P.O.- Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Education Department, Bihar, Patna. 3.

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

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 5.

The District Magistrate, Vaishali.

6.

The District Education Officer, Vaishali at Hajipur, District- Vaishali. 7.

The District Programme Officer Establishment, District- Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Respondent/s :

Mr. Ashutosh Ranjan Pandey-Aag15 :

Mr. Prabhat Ranjan Singh (Ac to Aag 15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2024

1. Heard the parties.

2. The grievance of the petitioner is that second A.C.P. has not been given to him in terms of Clause 7 of the Bihar Elementary Teachers Promotion Rule, 2011 (hereinafter referred to as the Rule).

3. Learned counsel for the State, relying upon the Rule 18 of the Rule, submits that R.D.D. is the authority prescribed under the Rule to decide such type of claim.

4. Taking into consideration the nature of prayer made in

Patna High Court CWJC No.7667 of 2017(3) dt.25-06-2024 2/2 this writ application, the petitioner is given liberty to approach the R.D.D. under Rule 18 of the Rule within a period of thirty days. If the appeal is filed by the petitioner within the aforesaid period, the R.D.D. is directed to dispose the same in accordance with law and pass a reasoned speaking order within three months from the date of filing of the appeal.

5. Accordingly, the present writ application is disposed with the aforesaid direction.

(Anil Kumar Sinha, J) HarshPandey/- U