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Patna High CourtCWJC/743/2024disposed

Umesh Kumar v. The State Of Bihar

2024-11-14Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.743 of 2024 ====================================================== Umesh Kumar Son of Gajadhar Prasad resident of Mohalla- Patel Nagar, Sohsarai Barara, Police Station- Sohsarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Human Resources Department, Govt. of Bihar, Patna.

2.

The Principal Secretary Human Resources Department, Govt. of Bihar, Patna 3.

The Commissioner-cum-Secretary Human Resources Development Department, Bihar, Patna.

4.

The Director Primary Education, Bihar, Patna 5.

The District Magistrate Nalanda, District- Nalanda 6.

The District Education Officer Nalanda, District- Nalanda 7.

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the Respondent/s :

Mr. Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner and respondents.

2. This writ application has been filed for commanding the respondents to grant promotion to the petitioner on the post of Headmaster w.e.f. November, 2016 with all consequential benefits on the ground that similarly situated person has been granted promotion on the post of Headmaster in his respective school.

3. At the outset, learned counsel appearing on behalf

Patna High Court CWJC No.743 of 2024(4) dt.14-11-2024 2/3 of the petitioner submits that case of the petitioner is fully covered by judgment of this Hon'ble Court passed in L.P.A. No. 949 of 2016 in C.W.J.C. No. 18297 of 2012 dated 27.08.2019.

4. Learned counsel appearing on behalf of the State is not in a position to dispute the contentions raised on behalf of the petitioner.

5. In view of the aforesaid facts and circumstances of the case, this writ application is disposed of with a direction to the petitioner to file fresh representation before the District Programme Officer (Establishment), Nalanda (Respondent No.

7) along with all the necessary documents and details in support of his claim within a period of six weeks from today.

6. In the event the petitioner files his representation within the stipulated period, the District Programme Officer (Establishment), Nalanda (Respondent No. 7) shall examine the case of the petitioner in accordance with law and in light of the order dated 27.08.2019 passed by this Hon'ble Court in L.P.A. No. 949 of 2016 in C.W.J.C. No. 18297 of 2012 and dispose of the representation of the petitioner, after hearing the parties, by a reasoned and speaking order, preferably within a period of ten weeks from the date of filing of the representation. If the claim of the petitioner is found genuine, all the admissible dues must

Patna High Court CWJC No.743 of 2024(4) dt.14-11-2024 3/3 be extended to the petitioner within a period of six months thereafter.

7. Writ petition stands disposed of in the aforesaid terms.

(Prabhat Kumar Singh, J) utkarsh/- U