High Court Patna High Court - Orders

Arun Kumar Mehta vs The State Of Bihar &Amp; Ors on 17 September, 2010

Patna High Court – Orders
Arun Kumar Mehta vs The State Of Bihar &Amp; Ors on 17 September, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CWJC No.14702 of 2008
               ARUN KUMAR MEHTA, son of Late Thakur Prasad,
               resident of village Katru Bigha, P.S. Ekangarsarai
               in the district of Nalanda        ............ Petitioner
                                    Versus
             1.The State Of Bihar
             2.The Principal Secretary, Department of human
               Resources Development, Bihar, Patna
             3.The Director, Primary Education, Bihar, Patna
             4.The District Superintendent of Education, Nalanda
             5.Headmaster, Middle School, Bakore Islampur,
               Nalanda                          ......... Respondents
                               -----------

2. 17/09/2010 Grievance of the petitioner is that his

juniors have been promoted to I.A.Trained and

B.A.Trained scale ignoring him. Therefore, he

has prayed for a direction to the respondents to

grant him those scales from the due dates.

Learned counsel for the respondents

submits that in view of Full Bench judgment of

this Court in the case of Ram Nath Prasad Singh

Vs. The State of Bihar & Ors., reported in

2009(3) PLJR 384, exercise of preparation of

fresh gradation list is under way in all the

districts. He assures that the grievances of the

petitioner will be considered by the respondents

once the said list becomes final.

In that view of the matter, this writ

application is disposed of with a direction to

the respondents to consider his grievances and

his seniority vis-à-vis other junior persons,
2

who are alleged to have been granted those

scales ignoring the petitioner. If as per

gradation list, petitioner’s position is found

above those persons, respondents shall pass

appropriate orders for putting the persons at

par in terms of their seniority. Petitioner may

file a representation in this regard to the

competent authority disclosing names of the

persons whom he alleges such promotions have

been granted ignoring his case. Once the

gradation list is finally published, orders in

respect of the petitioner must be passed within

a period of three months thereafter.

Pradeep/                             ( J. N. Singh,J.)