Fifty-two teachers sought monetary promotional benefits under 1993 Rules. The court dismissed the writ for failure to specify the order of promotion or provide relevant averments.
Monetary promotional benefits sought were dismissed for lack of specification of the promotion order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2767 of 2013
====================================================== 1. Ram Lochan Singh Son Of Late Ramdhari Singh Resident Of Village + Post Parsanwa, District Lakhisarai 2. Ram Pravesh Pandey Son Of Late Pradduman Pandey Resident Of Village Mahisona, P.O. And District Lakhisarai 3. Shyam Kishore Singh Son Of Late Phoudi Singh Resident Of Village + P.O. Dumari, District Lakhisarai 4. Ramanand Ray Son Of Late Babulal Ray Resident Of Village Karyanand Nagar, P.O. District Lakhisarai 5. Ramesh Chandra Pandey Son Of Late Bhagwat Pandey Resident Of Village And P.O. Parsanawa, District Lakhisarai 6. Raj Kumari Singh Son Of Late Rajendra Singh Resident Of Village And P.O. Ram Chandrapur, District Lakhisarai 7. Ram Balak Singh Son Of Late Chandrika Prasad Singh Resident Of Village And P.O. Sirari, District Sheikhpura 8. Ram Kumar Sharma Son Of Late Meva Sharma Resident Of Village And P.O. Owera, District Lakhisarai 9. Kusheshwar Prasad Singh Son Of Late Sunder Singh Resident Of Village + P.O. Sirari, District Sheikhpura 10. Jitendra Prashad Singh Son Of Late Goure Lal Singh Resident Of Village Jaymangala, P.S. Sirari, District Sheikhpura 11. Ram Chandra Prasad Singh Son Of Bageshwari Singh Resident Of Village Ram Nagar, P.O. Vartara, District Lakhisarai 12. Hridaya Narayan Singh Son Of Late Muso Singh Resident Of Village Ram Nagar, P.O. Barghara, Vartara, District Lakhisarai 13. Mookho Paswan Son Of Late Payare Paswan Resident Of Village Dayal Tola, Baloopar, P.O. And District Lakhisarai 14. Ram Das Yadav Son Of Late Prayag Yadav Resident Of Village Dariyapur, P.O. Bhadiouns, District Sheikhpura 15. Brajnandan Prasad Singh Son Of Late Ramotar Singh Resident Of Village + P.O. Sirari, District Sheikhpura 16. Ram Balak Prasad Singh Son Of Late Lal Bihari Singh Resident Of Village And P.O. Bhaduouns, District Sheikhpura 17. Balmiki Singh Son Of Late Dukhan Singh Resident Of Village And P.O. Bhadouns, Police Station And District Sheikhpura 18. Balmiki Prasad Singh Son Of Late Ramotar Singh Resident Of Village And P.O. Sirari, District Sheikhpura 19. Ram Nandan Prasad Singh Son Of Late Vasudeo Singh Resident Of Village And P.O. Sirari, District Sheikhpura 20. Ghanshyam Prasad Singh Son Of Late Ram Kishun Singh Resident Of Village Laldiyara, P.O. District Sheikhpura 21. Chinta Devi W/O Late Kailash Sharma Resident Of Village And P.O. Ram Chandrapur, District Lakhisarai 22. Anandi Singh Son Of Late Kesho Singh Resident Of Village And P.O. Sahur, District Lakhisarai 23. Ram Sagar Singh Son Of Late Ram Khelawan Singh Resident Of Village Hassanpur, P.O. Damodarpur, District Lakhisarai 24. Bhawan Thakur Son Of Late Harsahaya Thakur Resident Of Village Gobindpur, P.O. Rampur, District Lakhisarai
Patna High Court CWJC No.2767 of 2013 (2) dt.28-04-2014
2
P.O. Rampur, District Lakhisarai 26. Jay Narayan Singh Son Of Late Badri Singh Resident Of Village And P.O. Sahur, District Lakhisarai 27. Ram Padarath Sahoo Son Of Late Nirbedi Sahoo Resident Of Village Saroura, P.O. Birupur, District Lakhisarai
Patna High Court CWJC No.2767 of 2013 (2) dt.28-04-2014
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Police Station- Piparia, District- Lakhisarai
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh, Adv For the Respondent/s : Mr. Sanjay Kr No.1, Adv
====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
altogether in this writ application seeking following relief:-
"commanding respondents authorities to grant monetary promotional benefits of senior selection grade to petitioners in accordance with Bihar State Elementary School teachers promotion Rules, 1993".
Learned counsel for the petitioners when being
asked as with regard to the basis of such promotional
benefit namely, the order of promotion, has not been
Patna High Court CWJC No.2767 of 2013 (2) dt.28-04-2014
4
able to point out to promotion given even to one of the petitioners. He has however referred to 1993 Rules and an order of status quo passed prior to Full Bench judgment.
In the considered opinion those things will be of no avail and therefore, this writ application must fail on the ground of non-specification of the relevant information and averments.
That being so, this application is, accordingly, dismissed.
(Mihir Kumar Jha, J)
Ranjan/-
1 issue framed by the court
Whether a writ application for promotional benefits can be maintained without specifying the underlying order of promotion.
52 unnamed petitioners (Ram Lochan Singh et al.)
The State Of Bihar Through Principal Secretary Human Resource Development Department, Government Of Bihar
Director, Primary Education, Government Of Bihar
District Magistrate, Lakhisarai
District Education Officer, Lakhisarai
Additional Collector-Cum-Nodle Officer, Lakhisarai
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
