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
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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.)