IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3832 of 2007
Kapildeo Shukla son of Late Madhu Shukla, village
Maruabag, P.O. Mehsi, P.S. Mehsi, District East
Champaran at Motihari ... ... Petitioner
Versus
1. The State Of Bihar through the Commissioner and
Secretary, Human Resources Development
Department, Vikas Bhawan, Patna
2. Commissioner and Secretary, Human Resources
Development Department, Vikas Bhawan, Patna
3. Director, Primary Education, Bihar, Vikas Bhawan,
Patna
4. Regional Deputy Director of Education, Tirhut
Division, Muzaffarpur ... .... Respondents
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02/ 26.09.2011 Heard learned counsel for the petitioner
and the State, who has filed counter affidavit duly
affirmed by the Regional Deputy Director of
Education, Tirhut Division on 19.9.2011 without
serving copy thereof in advance on the learned
counsel for the petitioner. In the circumstances,
averments made therein are not to be taken into
consideration as learned counsel for the State is not
ready to pay cost to the learned counsel for the
petitioner for delayed service of the counter affidavit
on the learned counsel for the petitioner.
Petitioner superannuated while serving on
the post of Block Education Extension Officer in the
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Lower Division of the Bihar Subordinate Education
Service with effect from 31.1.1995. He has filed this
writ petition praying, inter alia, to direct the
authorities of the State to consider his case for
granting him seniority in the Bihar Subordinate
Education Service from the year 1975 as was done in
case of those who were brought to the Lower
Division of the Bihar Subordinate Education Service
in the first transaction.
It is submitted on behalf of the petitioner
that his aforesaid prayer was not being considered by
the State- authorities as petitioner was not confirmed
in the Lower Division of the Bihar Subordinate
Education Service which confirmation has come to
the petitioner and others under order bearing Memo
No. 105 dated 21.1.2011 annexed along with the
supplementary affidavit, copy whereof was served on
the counsel for the State on 12.9.2011.
Having heard counsel for the parties,
petitioner is directed to represent before the Director,
Primary Education, Bihar, Patna for granting him
seniority and consequential benefit with effect from
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the year 1975 annexing a copy of this order as also
the order dated 21.1.2011, whereafter the Director,
Primary Education shall pass appropriate order in the
matter as early as possible in any case within two
months from the date of receipt of the representation
along with a copy of this order. In case, petitioner is
allowed seniority from the earlier time, he be paid
consequential benefit until the date of superannuation
i.e. 31.1.1995 as also his pension be revised within
the same time.
Arjun/ ( V. N. Sinha, J.)