Amarnath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23879 of 2019 ====================================================== Amarnath Thakur S/o Late Pratap Narayan Thakur Resident of VillageMahaddipur, P.s.- Kasim Bazar, District- Munger presently residing at J-95, Mohan Garden, Uttam Nagar, West Delhi, P.s.- Uttam Nagar, District- Delhi ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt.of Bihar, Patna 2.

The Principal Secretary Education Department, Govt. of Bihar, Patna 3.

The Director Primary Education, Education Department, Govt. of Bihar, Patna 4.

The District Education Officer Munger, Distt.- Munger 5.

The District programme Officer (Establishment) Munger, Distt.- Munger ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Respondent/s :

Mr. Umesh Narayan Dubey, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-12-2019 It is stated in the writ application that the petitioner's wife was appointed as Assistant Teacher in 1977 and was granted the benefit of first time bound promotion on completion of 12 years of service with effect from 21.12.1989. She retired as Assistant Teacher on 31.08.2011 while working as an Assistant Teacher in Girls Primary School, Mania Chouraha, Munger. She, subsequently, died on 11.07.2012. It is the petitioner's case that his wife was entitled for second Assured Career Progression on completion of 24 years of service with effect from 21.12.2001, which was not granted to her till she attained the age of superannuation and

Patna High Court CWJC No.23879 of 2019(2) dt.03-12-2019 2/2 subsequently died in 2012. By an office order, issued by the District Education Officer, Munger, some of the Assistant Teachers have been granted benefit of second Assured Career Progression from different dates, ranging from 1998 to 2012. The petitioner's name does not figure in the said office order, which has been brought on record by way of Annexure-P/1.

Considering the statement made in the writ application that decision has been taken to grant second Assured Career Progression to many of the similarly circumstanced teachers in 2016, this writ application is disposed of with a direction to the District Education Officer, Munger, to consider the petitioner's case for grant of second Assured Career Progression in favour of his deceased wife with effect from the date she was entitled to within a period of three months from the date of receipt/production of a copy of this order. It is directed that if the District Education Officer reaches a conclusion that the petitioner's wife was entitled to the benefit of second Assured Career Progression, all consequential monetary benefits must be released accordingly in accordance with law.