IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11718 of 2005
Hanuman Singh, Son of Late Kripa Singh, R/o-Vill.-Semri, P.S.-Dawath,
District-Rohtas. -Petitioner.
VERSUS
1. The State of Bihar.
2. The Commissioner-cum-Secretary, Primary Education, Government of Bihar,
Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The Regional Deputy Director, Primary Education, Patna Division, Patna.
5. The District Education Establishment Committee through its Chairman,
District Magistrate-cum-Collector, Rohtas.
6. The District Superintendent of Education, Rohtas. -Respondents.
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For the Petitioner : Mr. Sunil Kumar, Adv.
For the State : Mr. Kumar Vikram, AC to SC-10.
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09 30.03.2011 The petitioner is a teacher and has come to this Court
claiming the right to be promoted to B.Ed. trained scale. The short
point raised by the learned counsel for the petitioner is that two of his
admitted juniors, namely, Bhuletan Singh and Siyaram Singh have been
given B.Ed. trained scale from retrospective effect and even promoted
as Principals as would be evident from the order of the District
Superintendent of Education, Sasaram at Rohtas dated 15.02.2008. By
the said order the District Superintendent of Education, considering the
aforesaid promotion, granted promotion to Dhanu Lal who is senior to
the petitioner with retrospective effect.
Petitioner submits that once the senior and juniors are
granted promotion why he has been left hanging in middle.
In the counter affidavit, it is stated that some of the juniors
of the petitioner have been granted promotion to the B.Ed. trained
scaled but the same has been set aside by the District Establishment
Committee as and when petitioner’s case would be considered.
Counter affidavit has been filed, with consent of parties, the
writ petition has been heard for final disposal at this stage itself.
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Having considered the matter, in my view, the contention of
the counsel for the respondent-State cannot be sustained. Once even a
single junior is considered and granted promotion then every senior who
is entitled and qualified has to be given promotion accordingly. From
the order of the District Superintendent of Education and the contention,
as referred to above, it is clear that two persons much junior to
petitioner have been granted B.Ed. trained scale and a person senior to
petitioner has also been granted B.Ed. trained scale from retrospective
effect. If that could be done for what is the District Superintendent of
Education waiting in so far as petitioner is concerned. Once the junior
and senior both have been promoted and petitioner is qualified for
promotion then I see no reason by which petitioner can be denied to his
promotion at least from the date when his juniors were granted
promotion.
Considering the aforesaid, I direct the respondent-District
Superintendent of Education, Sasaram at Rohtas to immediately
consider the case of the petitioner for grant of B.Ed. trained scale and, if
otherwise found fit, he shall be granted promotion from his due date if
not from the date when Bhuletan Singh and Siyaram Singh have been
granted promotion with all consequential benefits.
With these observations and directions, the writ petition
stands disposed of.
Trivedi/ (Navaniti Prasad Singh, J.)