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Patna High CourtCWJC/20543/2019disposed

Madan Prasad Thakur, v. The State Of Bihar,

2019-10-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20543 of 2019 ====================================================== Madan Prasad Thakur, Son of Late Ram Chandra Thakur, resident of VillageSariatpur, P.S. Pipra, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Bihar.

3.

The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. 4.

The Accountant General, Bihar, Birchand Patel Path, Patna. 5.

The District Education Officer, East Champaran. 6.

The District Programme Officer, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar, Advocate.

For the Respondent/s :

Mr. Prabhat Ranjan Singh, AC to AAG-15.

For the Accountant General:

Mr. Raghwanand, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner, the learned counsel for the State and the learned counsel appearing for the Accountant General.

The short prayer of the petitioner is for grant of promotion in the senior selection scale w.e.f. 13.07.2005 upon completion of 24 years of service.

The learned counsel for the petitioner submits that similarly situated employees have already got the said benefit and moreover the Education Department, Government of Bihar, Patna has come out with a resolution dated 06.03.2019 spelling

Patna High Court CWJC No.20543 of 2019(2) dt.15-10-2019 2/2 out of policies regarding grant of promotion in accordance with the provisions of the M.A.C.P. Rules, 2010.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct the District Education Officer, East Champaran to consider the case of the petitioner for promotion to the senior selection scale/grant of M.A.C.P. in accordance with the provisions of law and rules/regulations of the State Government. The petitioner is at liberty to file a representation before the respondent No. 5 within a period of four weeks from today and the respondent No.5 shall dispose of the same by a reasoned and speaking order within a period of eight weeks thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Anil Kumar Upadhyay, J) T.Kr./- U