Udanand Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18170 of 2017 ====================================================== Udanand Jha, Son of Late Pandit Satyadeo Jha, resident of VillageCheriya Bariyarpur, P.O. Shripur, Police Station- Cheriya Bariyarpur, District- Begusarai, retired while Working as an Assistant Teacher From Govt. Middle School- Bikrampur, Anchal- Cheriya Bariyarpur, DistrictBegusarai. .... .... Petitioner/s

Versus

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

2. The Director, Primary Education, Education Department, Government of Bihar, Patna.

3. The District Magistrate, Begusarai.

4. The District Education Officer, Begusarai.

5. The District Programme Officer (Establishment), Begusarai.

6. The District Treasury Officer, Begusarai.

7. The District Accounts Officer, Begusarai.

8. The Headmaster cum Drawing and Disbursing Officer, Govt. Primary School Bikrampur, Block- Cheriya Bariyarpur, District- Begusarai. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Narendra Kumar AC to Gp-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2017 Office objection is overruled.

Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner is non-consideration of his representation for grant of second time bound promotion contained in Annexure-5 addressed to District Education Officer, Begusarai. In his representation the petitioner has requested the District Education Officer to consider his case for grant of

Patna High Court CWJC No.18170 of 2017 (2) dt.13-12-2017 2/2 second ACP and other benefits stating therein that similarly circumstanced other teachers have been granted such benefit. Without going into the merit of the case, the writ petition is disposed of with a direction to the District Education Officer, Begusarai respondent no.4 who shall examine the claim of the petitioner in accordance with law and pass appropriate order within a period of three months from the date of receipt/production of a copy of this order in the light of litigation policy of the State Government.

It is made clear that this court has not expressed any opinion on the merit of the case. It is for the District Education Officer, Begusarai to look into the claim of the petitioner and decide the same after examining the relevant record and in case he does not find merit in the claim of the petitioner he has to give cogent reason for rejecting the benefits.

(Anil Kumar Upadhyay, J) Ravi/- U