Amrita Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2444 of 2018 ====================================================== Amrita Sinha, Wife of Sanjay Kumar Singh, Resident of Village- Shekhpur Akharaghat, P.O.- Shekhpur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director, Primary Education, Government of Bihar.

4. The Regional Deputy Director of Education, Muzaffarpur.

5. The District Magistrate, Muzaffarpur.

6. The District Promotion Committee through the District Education Officer, Muzaffarpur.

7. The District Education Officer, Muzaffarpur.

8. The District Programme Officer (Establishment), Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Respondent/s :

Smt. Binita Singh-Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that petitioner is aggrieved by the discriminatory attitude adopted by the respondents in the matter of grant of promotion. He submits that similarly circumstanced have been granted promotion but in the case of the petitioner, respondents have adopted different yardstick and without any rationale justification, promotion was denied to the petitioner. By referring Annexure-4 he submits that respondents have considered grant of promotion to similarly circumstanced even juniors to the petitioners but the case of the

Patna High Court CWJC No.2444 of 2018(2) dt.19-03-2018 2/2 petitioner was not considered.

In view of the above, the writ petition is disposed of with direction to respondent no.6 the District Promotion Committee to examine the claim of the petitioner and if it is found that the similarly circumstanced and juniors to the petitioner have been granted promotion, similar benefit should be extended to the petitioner from the date the juniors of the petitioner have been granted such benefit. The respondent no.6 may adopt similar yardstick while considering the case of the petitioner for grant of promotion and monetary benefit. The entire exercise in this regard must be completed by the respondents within a maximum period of sixty days 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) Ravi/- U