Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21243 of 2019 ====================================================== Umesh Kumar Son of Chalitar Paswan Resident of Village- Noni, Nimsar, Police Station- Tekari, District- Gaya. At present posted and working as a Trained Graduate Teacher (Arts) in Govt. Middle School Akauna, BlockAmas, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 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 Director (Administration)-cum- Additional Secretary, Education Department, Govt. of Bihar, Patna.

6.

The Regional Deputy Director of Education, Magadh Division, Gaya. 7.

The District Education Officer-cum- the Chairman, District Elementary Teachers Promotion and Transfer Committee, Gaya. 8.

The District Education Officer, Gaya.

9.

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

10.

The District Programme Officer (Establishment) Gaya. 11.

The Block Education Officer, Amas, Gaya.

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

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Subash Chandra Mishra ( Sc16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2019 Heard both sides.

The grievance of the petitioner in the present writ application is non-consideration of his case for promotion in the scale of Headmaster.

The learned counsel for the petitioner submits that persons who are juniors to the petitioner were granted benefit of promotion but petitioner has been discriminated.

Patna High Court CWJC No.21243 of 2019(3) dt.16-12-2019 2/2 Considering the claim of the petitioner that many persons junior to the petitioner have been granted 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 petitioner and if it is found that the petitioner is eligible for consideration and grant of promotion as Headmaster, he shall pass appropriate order in connection with grant of promotion to the petitioner from the date any person junior to the petitioner has been granted promotion as Headmaster. The respondents are under obligation to grant all consequential benefits which were extended to the juniors of the petitioner on promotion as Headmaster. Necessary decision with regard to the claim of the petitioner be taken at the earliest, preferably within a maximum period of 60 days from the date of receipt/production of a copy of this order.

(Prabhat Kumar Jha, J) BKS/- U