Sheo Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13041 of 2013 ====================================================== Sheo Paswan, Son Of Late Ram Swaroop Paswan,` Resident Of VillageMalahi, Kali Asthan, Barh, P.S. Barh, District- Patna ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Director, Department Of Education, Patna

3. The District Programme Officer, Establishment, Patna

4. Block Education Officer, Barh ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Mr. Parth Sharthi, SC 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-10-2018 The case is running on board. On earlier occasion no one appeared on behalf of the petitioner. Today also no one appears representing the petitioner despite repeated calls. The writ petition was filed on 09.07.2013. One point of time the case was dismissed for non-prosecution. After restoration when the case was listed again, counsel for the petitioner did not show any interest in pursuing the writ petition. Under the aforesaid circumstances, the Court has no option but to decide the writ petition on the basis of the pleadings available on record.

Grievance of the petitioner in the instant case for grant of graduate trained scale and time bound promotion. The petitioner superannuated on 31.05.2007. After six long years of

Patna High Court CWJC No.13041 of 2013(3) dt.30-10-2018 2/2 superannuation he filed the present writ application. His grievance is that his juniors have been granted such promotion but the petitioner was ignored. Unfortunately, on behalf of the State no counter affidavit has been filed in the instant case. Under the aforesaid circumstances, the writ petition is disposed of with the direction to the respondent-District Programme Officer (Establishment), Patna to examine the claim of the petitioner and pass appropriate order. If any person junior to the petitioner has been granted graduate trained scale and time bound promotion the same benefit may be extended to the petitioner from the date his juniors have been promoted. Necessary decision shall be taken by the District Programme Officer (Estt.), Patna within a period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) mrl./- U