Disposed

Dina Nath Singh v. The State Of Bihar and Ors.

Patna HC14 Sept 2018CWJC/11713/2014

Case brief

AI extract

What is this about?

Four writ petitions challenging the rejection of claims for 2nd time bound promotion were dismissed as petitioners failed to complete 24 years of service before the scheme ceased. Petitioners retained liberty to seek financial upgradation.

What did the court decide?

Writs disposed of; petitioners granted liberty to file representation for financial upgradation under ACP Rules.

Dina Nath Singh Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13169 of 2014

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======================================================

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Kapildeo Prasad Singh Son of Late Ram Narayan Singh Resident of Village- Nava Tola, P.S. Bhagwanpur, District- Siwan.

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.... .... Petitioner/s

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Versus

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The State of Bihar, through the Secretary, Bihar, Patna.

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The Director, Primary Education Department, Bihar, Patna.

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The Regional Deputy Director, Saran, Chapra

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The District Education Officer (D.E.O.), Siwan, District- Siwan.

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The District Programme Officer (D.P.O.), Siwan, District- Siwan.

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The Accountant General, Bihar, Patna.

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.13104 of 2014

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====================================================== Rahmat Husain Son of Late Rahim Mian Resident of Village: Kauriya, P.S.: Bhagwanpur Hat, District: Siwan.

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.... .... Petitioner/s

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Versus

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The State of Bihar, through the Secretary, Department of Education, Bihar, Patna.

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The Director, Primary Education Department, Bihar, Patna.

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The Regional Deputy Director of Education, Saran, Chapra.

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The District Education Officer (D.E.O.), Siwan, District - Siwan.

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The District Programme Officer (D.P.O.) Siwan, District - Siwan.

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The Accountant General, Bihar, Patna

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.11713 of 2014

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====================================================== Dina Nath Singh, Son of Late Harif Singh, Resident of Village- Kauriya, P.S. Bhagwanpur, District- Siwan

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.... .... Petitioner/s

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Versus

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The State of Bihar, through the Secretary, Bihar Patna

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The Director, Primary Education Department, Bihar, Patna

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The Regional Deputy Director, Saran, Chapra

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The District Education Officer (D.E.O.), Siwan, District- Siwan

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The District Programme Officer (D.P.O.), Siwan, District- Siwan

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The Accountant General, Bihar, Patna

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.13211 of 2014

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====================================================== Satyadeo Singh Son of Late Muneshwar Singh Resident of Village : Sughari, P.S. : Bhagwanpur Hat, District : Siwan.

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.... .... Petitioner/s

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Patna High Court CWJC No.13169 of 2014 (3) dt.14-09-2018

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2/3

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Versus

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The State of Bihar through the Secretary, Department of Education, Bihar, Patna.

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The Director Primary Education Department, Bihar, Patna.

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The Regional Deputy Director Education, Saran, Chapra.

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The District Education Officer (D.E.O.), Siwan, District - Siwan.

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The District Programme Officer (D.P.O.), Siwan, District - Siwan.

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The Accountant General, Bihar, Patna

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.... .... Respondent/s

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====================================================== Appearance : (In CWJC No.13169 of 2014) For the Petitioner/s : Mr. Arbind Kumar, Advocate Mr. Krishna Bihari, Advocate For the Respondent/s : Mr. M.K.Singh, SC- 6 For the Acctt. General : Mr. Raghwanand, Advocate (In CWJC No.13104 of 2014) For the Petitioner/s : Mr. Arbind Kumar, Advocate For the Respondent/s : Mr. Mahendra Prasad Verma, AC to SC-20 (In CWJC No.11713 of 2014) For the Petitioner/s : Mr. Arbind Kumar, Advocate For the Respondent/s : Mr. Ram Kinker Choubey, Advocate (In CWJC No.13211 of 2014) For the Petitioner/s : Mr. Arbind Kumar, Advocate For the Respondent/s : Mr. Sc14- Dr. Ansuman ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 14-09-2018 Today, these cases have been listed under the heading “To Be Mentioned” at the instance of the Court.

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While signing the order, the Court noticed that these petitioners have not been completed 24 years of service for grant of 2^nd time bound promotion before 01.12.1995 and as such after cessation of the Scheme of time bound promotion w.e.f. 01.01.1996 petitioners were not entitled to 2^nd time bound promotion.

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Accordingly, the claim of the petitioners for grant of

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Patna High Court CWJC No.13169 of 2014 (3) dt.14-09-2018

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3/3

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2^nd time bound promotion is unsustainable.

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The writ applications, however, disposed of with liberty to the petitioners to file representation before the appropriate authority, if they are otherwise eligible for grant of any financial upgradation under the ACP Rules. The respondent authorities are directed to consider the case of the petitioners and pass appropriate order in this regard.

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With the aforesaid, all the writ applications stand

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disposed of.

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(Anil Kumar Upadhyay, J)

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Uday/-

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Dina Nath Singh v. The State Of Bihar and Ors.

Case brief

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Dina Nath Singh v. The State Of Bihar and Ors.

Case brief

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