Arvind Kumar Rakesh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6005 of 2018 ====================================================== Arvind Kumar Rakesh Son of Sri Ganga Mahto R/o - Vill. Hussaina Raghav, P.O. - Valukaran, P.S. + Dist. - Vaishali, presently posted as Assistant Teacher , Middle School, Ramnagar Tola Pakari Kanth, Block, Lalganj, Dist. - Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Bihar, Patna.

2. The Principal Secretary, Department of Education, Bihar, Patna.

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

4. The District Education Officer-cum-Chairman, District Elementary Teacher Promotion Committee, Vaishali.

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

For the Petitioner/s :

Mr. Binod Kumar For the Respondent/s :

Mr. Nishant Kumar Jha-Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that petitioner has approached the competent authority for grant of B.A. trained scale in grade-III with effect from 19.08.2013. Learned counsel submits that respondents have not decided the claim of the petitioner either way. He submits that in the case of similarly circumstanced petitioners in C.W.J.C. No. 14075 of 2015 a coordinate bench of this court disposed of writ application vide order dated 4.9.2015 with direction to the respondents to take final decision with regard to claim of the

Patna High Court CWJC No.6005 of 2018(2) dt.09-04-2018 2/2 petitioner and dispose of the representation filed by the petitioner.

In view of the above, the writ petition is disposed of in the following terms:- In view of the the innocuous prayer made by the writ petitioner, the writ petition is disposed of with direction to the respondent no.5 to take final decision on the representation filed by the petitioner contained in Annexure-4 and dispose of the same at the earliest if it is found that the case of the petitioner is identical to the case of the writ petitioners in C.W.J.C. No. 14075 of 2015 respondent no.5 shall extend similar treatment to the petitioner also within a period of 60 days from the date of filing of such representation alongwith a copy of this order. It is made clear that this court has not expressed any opinion on the merit of this case.

With the aforesaid observation, the application stands disposed of".

(Anil Kumar Upadhyay, J) Ravi/- U