Patna High CourtCWJC/24772/2013disposed

Upendra Thakur v. The State Of Bihar And ORS

2018-10-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24772 of 2013 ====================================================== Upendra Thakur Son Of Late Saudagar Thakur Resident Of Village - Baingra, P.S. - Saharghat, District - Madhubani ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Education, Bihar, Patna

3. The Director, Primary Education, Bihar, Patna

4. The District Magistrate, Madhubani

5. The District Education Officer, Madhubani

6. The District Program Officer (Establishment), Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur-2 For the State :

Mr. M K Upadhyay, AC to GP 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner has filed supplementary affidavit enclosing Annexures-2 and 3 to contend that the petitioner although has been granted Grade-3 scale vide Annexure-3 but monetary benefit has not been made available to the petitioner. With reference to Annexure-2 he submits that as per his Graduate Trained qualification, the petitioner is entitled to the grant of benefit of selection grade and senior selection grade from 01.01.1986 and 31.03.2004.

So far as the grant of benefit in terms of Annexure-3 is concerned, the respondents are obliged to carry out the

Patna High Court CWJC No.24772 of 2013(3) dt.03-10-2018 2/2 decision of the District Education Officer, Madhubani vide office order no. 2783 dated 03.09.2016 (Anexure-3), if not already implemented, within a maximum period of four months from the date of receipt/production of a copy of this order. Within the same time-frame, the respondents shall also consider the case of the petitioner for grant of senior selection grade in terms of their own policy decision and the rule and take appropriate decision. If it is found that the petitioner is entitled for the same, all consequential benefits will also be extended to the petitioner within a further period of two months thereafter. With the aforesaid, the writ application stands disposed of.

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