Rudradeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20809 of 2019 ====================================================== 1.

Rudradeo Kumar, Son of late Mohan Prasad, Resident of Mohalla- Near Central School Bairagi, Agri Cultural Complex, Police Station- Delha, District- Gaya, At Present Posted and Working as a Trained Graduate Teacher in Govt. Middle School Matihani, Anchal-Bodh Gaya, DistrictGaya. 2.

Kumar Om Prakash, Son of late Dinbandhu Prasad, Resident of VillageSuryapura, Police Station-Bodh Gaya, District- Gaya, At Present Posted and Working as a Trained Graduate Teacher in Govt. Middle School Matihani, Anchal-Bodh Gaya, District- Gaya.

3.

Adhish Kumar Sinha, Son of Sri Umesh Chandra Prasad, Resident of Mohalla- 220-H, S.B.I. Colony, A.P.Colony, Police Station- Rampur, District- Gaya, At Present Posted and working as a Trained Graduate Teacher in Govt. Middle School Furhuriya , Anchal- Paraiya, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary-Cum-The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Special Secretary, Education Department, Govt. of Bihar,Patna. 4.

The Director, Primary Education, Bihar, Patna. 5.

The Regional Deputy Director of Education, Magadh Division, Gaya. 6.

The District Education Officer-Cum-The Chairman, District Elementary Teachers Promotion and Transfer Committee, Gaya. 7.

The District Education Officer, Gaya 8.

The District Programme Officer (Establishment) -cum-The Member Secretary, District Elementary Teachers Promotion and Transfer Committee, Gaya.

9.

The District Programme Officer(Establishment), Gaya. 10.

The Block Education Officer, Bodhgaya, Gaya.

11.

The Block Education Officer, Paraiya, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr.Prabhakar Jha (GP-27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and the

Patna High Court CWJC No.20809 of 2019(2) dt.17-10-2019 2/3 respondents.

The grievance of the petitioners in the present writ application is non-consideration of their cases for promotion in the scale of Headmaster.

Learned counsel appearing on behalf of the petitioners would submit that persons who are juniors to the petitioners were granted benefit of pr9omotion but the petitioners have been discriminated.

Considering the claim of the petitioners that many persons junior to the petitioners have been granted the benefit of promotion, the present writ application stands disposed of with a direction to the respondent-District Programme Officer (Establishment), Gaya to examine the claim of the petitioners and if it is found that the petitioners are eligible for consideration and grant of promotion as Headmaster, he shall pass appropriate order in connection with grant of promotion to the petitioners from the date any person junior to the petitioners has been granted promotion as Headmaster. The respondents are under obligation to grant all consequential benefits which were extended to the juniors of the petitioners on promotion as Headmaster. Necessary decision in this regard must be taken by the respondents at the earliest preferably within a maximum

Patna High Court CWJC No.20809 of 2019(2) dt.17-10-2019 3/3 period of 60 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) spandey/- U