Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.150 of 2020 ====================================================== 1.

Pramod Kumar Son of Shri Dwarika Prasad Resident of A/6 Jyotipuram, Khajpura P.S. Rajiv Nagar, District- Patna, Presently posted at U.M.S. Uram Tola, Danapur, Patna.

2.

Arbind Kumar Son of Shree Jairam Singh Resident of Mohalla- Kali Kutir, Ashok Nagar, Road No.3, P.S.- Kankarbagh, District- Patna. 3.

Awadhesh Prasad Singh Son of Late Sakaldip Singh Resident of VillageAhiyapur, P.S.- Bikram, District- Patna. 4.

Sabha Sharan Kishlay Son of Late Lakshan Dev Singh Resident of VillageNagahar, P.S.- Bikram District- Patna. 5.

Bibhuti Kumar Son of Late Madan Sahu Resident of Mohalla- Mithapur, B.Area, Mithapur, P.S.- Jakkanpur, District- Patna. 6.

Nagendra Prasad Son of Jairam Prasad Resident of Village- Pilui, P.S.- Daudpur, District- Saran, Chapra.

7.

Ravi Kumar Son of Late Lal Bihari Singh Resident of Bara, P.S.- Naubatpur, District- Patna.

8.

Gajendra Prasad Son of Ram Swaroop Singh Resident of Flat No.302 Friends Garden Apartment, Road No.2 (Extension) Raj Banshi Nagar, P.S.- Shastri Nagar District- Patna.

9.

Sanjay Kumar Son of Rajendra Prasad Resident of Vayu Path Len, New Yarpur, P.S.- Gardanibag, District- Patna.

10.

Lal Narayan Prasad Son of Shri Ram Pratap Mahto Resident of Dujara Chak, P.S.- Buddha Colony, District- Patna.

11.

Dev Raj Son of Late Binod Bihari Resident of Dilip Sadan, Ghagha Ghat, Mahendru, P.S.- Sultanganj, District- Patna.

12.

Manoj Kumar Son of Lalit Kumar Resident of Mohalla- Sarswati Lane East Lohanipur P.S. Kadamkuan, District- Patna.

13.

Shree Kant Singh Son of Besha Lal Singh Resident of Shiv Bihar Colony Tahal Tola Dhanaut, P.S. Rupaspur, District- Patna. 14.

Amritosh Kumar Son of Late Suraj Prasad Choudhary Resident of Gola Road, Danapur, P.S. Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

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

The Director, Primary Education, Bihar, Patna. 4.

The Regional Deputy Director of Education, Patna Division, Patna. 5.

The District Education Officer, Patna.

6.

The District Programme Officer (Establishment), Patna. ... ... Respondent/s ====================================================== Appearance :

Patna High Court CWJC No.150 of 2020 dt.15-07-2024 2/3 For the Petitioner/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 15-07-2024 Heard the parties.

2.

This is an application for issuance of writ to quash the Office Order as contained in Memo No.351 dated 18/03/2019 issued under the signature of the Regional Deputy Director of Education, Patna Division, Patna whereby and whereunder the claim of the petitioner for grant of B.Sc Trained Pay Scale as well as Promotion on the post of Headmaster with effect from the date juniors have been promotes has been rejected on absurd ground. And further for a writ commanding and directing the respondent authorities to give promotion on the post of B.Sc. Trained Pay Scale as well as on the post of Headmaster of Middle School with effect from the date the juniors to the petitioners have been given i.e. 19/01/2013 pursuant to the direction of this Court passed in C.W.J.C. No.19609 of 2015 on 20/12/2018 as the petitioners are fully entitled for the same with all consequential benefits. 3.

Learned counsel for the petitioners submit that the case of the petitioners is fully covered by the judgment passed by this Court in C.W.J.C. No.15610 of 2018.

4.

Considering the aforesaid facts, since the case of the petitioners stand on similar footing to that of the petitioners of

Patna High Court CWJC No.150 of 2020 dt.15-07-2024 3/3 C.W.J.C. No.15610 of 2018, there is no requirement to keep pending the present writ application.

5.

Accordingly, petitioners are directed to file a detailed representation along with a copy of the order passed in C.W.J.C. No.15610 of 2018, before the respondent no.3 within a period of three weeks and the respondent no.3 is well advised to consider the case of the petitioners and dispose of the representation of the petitioners after affording an opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law and in light of the order passed in C.W.J.C. No.15610 of 2018 within eight weeks from the date of filing of such representation by the petitioners.

6.

It is made clear that respondent no.3 shall be personally held responsible for non-compliance of this order. 7.

With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15/07/2024 Transmission Date NA