Patna High CourtCWJC/11227/2017disposed

Ravindra Kumar Rai And ANR v. The State Of Bihar And ORS

2018-07-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11227 of 2017 ======================================================

1. Ravindra Kumar Rai, son of Sri Pahalwan Rai, resident of Vashudeopur Chaputa, Police Station- Hajipur, District- Vaishali at present working as assistant teacher in Govt. Basis School, Panapur, Vaishali.

2. Chamak Lal Yadav, son of Late Hirday Yadav, resident of Village- West Ajimaganj, P.S.- Haweli Kharagpur, District- Munger. .... .... Petitioners

Versus

1. The State of Bihar.

2. The Departmental Promotion Committee of S.E.S. Cadre (Primary wing) through it's Chairman New, Patna.

3. The Director (Primary Education), new Secretariat, Patna.

4. Sima Kumari, wife of Sri Nikhil Kumar, resident of VillageMadhawapur, P.S.- Parbatta, District- Khagaria, at Present working as an Assistant Teacher in Govt. Basic School Bishnupur Anchal, DistrictBegusarai.

5. Bihar School Examination Board through it's Chairman. .... .... Respondent/s ====================================================== Appearance :

For the Petitioners : Mr. Pratap Sharma For the State : Mr. Rajeev Ranjan, AC to GP-20 For the BSEB : Mr. Satyabir Bharati, Adv. Mr. Alok Chandra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2018 Heard the parties.

This writ application has been filed for following reliefs:

"For issuance of writ of mandamus or any other appropriate writ(s) /order(s)/direction(s) for quashing the order dated 13-06-2017 as contained in Memo No. 597 whereby and whereunder without considering the report of competent authority as well as order passed by this Hon'ble Court in CWJC No. 9810 of 2016, the respondent No. 3

Patna High Court CWJC No.11227 of 2017 (4) dt.23-07-2018 rejected the claim of the petitioners with regard to promotion in S.E.S. cadre and for the other necessary relief/reliefs on the basis of facts and circumstances of the case".

It has been submitted on behalf of the petitioners that case of the petitioners is squarely covered by the order dated 2108-2014 passed in CWJC No. 952 of 2013. Considering the submission of learned counsel for the petitioners, the Director (Primary Education), New Secretariat, Patna (respondent No. 3) is directed to examine the case of the petitioners in the light of the case referred above and, pass an appropriate order in accordance with law within a period of three months from the date of receipt/production of copy of this order. With the aforesaid observation and direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V./- U