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Shiv Pd. Sah and Ors. v. The State Of Bihar and Ors.

Patna HC11 Oct 2018CWJC/23497/2012

Case brief

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What is this about?

Three Assistant Teachers filed a writ petition challenging the State Government's failure to grant time-bound promotion. The court directed the District Programme Officer to examine the petitioners' claim and extend promotion benefits if eligibility criteria were met.

What did the court decide?

Directed the District Programme Officer to examine the claim and extend time bound promotion benefits within four months if eligibility is found.

Shiv Pd. Sah and Ors. Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23497 of 2012

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Shiv Prasad Sah S/O Late Fateh Chand Sah R/O Village-Kanhuan Goriyaree, P.O.- Babhnee, P.S.-Gamhariya, District- Madhepura, At Present Posted As Assistant Teacher, Primary School, Gadhiya, Block- Pipra, District- Supaul

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Bhuvneshwaree Prasad Yadav S/O Late Bhukhan Prasad Yadav R/O Village- Sukhasnee, P.S.-Pipra, District- Supaul, Present Posted As Headmaster, P.S. Navtol Thumba, Block Pipra, Distt.Supaul

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Upendra Prasad Yadav S/O Shree Narayan Yadav R/O VillageLatiyahee, P.S.-Pipra, District-Supaul, Present Posted As Assistant Teacher, Utkramit, M.S. Taterahee Block, Pipra, Distt.Supaul……………………………………….... ... Petitioner/s

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Versus

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The State Of Bihar Through The Chief Secretary Old Secretariat, Harding Road, Patna-800001

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Secretary Department Of Human Resources, Government Of Bihar, New Secretariat, Bailey Road, Patna

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Director, Primary Education-Cum-Joint Secretary Government Of Bihar, Bailey Road, Patna-1

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District Superintendent Of Education, District- Supaul

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Block Education Extension Officer, Pipra, District- Supaul

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Drawing Disbursenary Officer Kanya Madhya Vidyalaya,Pipra, DistrictSupaul………………………………………………….... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Binay Kumar Singh, Advocate, For the Respondent/s : Mr. Vijaya Laxmi Srivastava, AC to SC-23.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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3 11-10-2018

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Heard learned counsel for the petitioners and counsel

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appearing on behalf of the State.

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The petitioners are aggrieved by decision taken on the

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part of the respondents in the matter of grant of time bound promotion.

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Learned counsel for the petitioners submits that petitioners were initially appointed as Assistant Teacher in the year 1970. In view of the decision of the State Government for

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Patna High Court CWJC No.23497 of 2012(3) dt.11-10-2018 2/2

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grant of time bound promotion on completion of 12 and 24 years the petitioners became entitled to grant of time bound promotion. Learned counsel for the petitioners submits that unfortunately the respondents have not followed their own decision and as a result of their negligence, petitioners have not granted the benefit of promotion under the time bound promotion scheme.

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In view of the above, the writ petition is disposed of with direction to the District Programme Officer Supaul, who shall examine the claim of the petitioners and if it is found that petitioners have completed 12 and 24 years of service before 31^st December 1995 the District Programme Officer, Supaul shall see that necessary benefit of time bound promotion may be extended to the petitioner. Final decision in this regard may be taken by the respondent with all consequential benefits within a maximum period of four months from the date of receipt/ production of a copy of this order.

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With the aforesaid, the writ petition stands disposed

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of.

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(Anil Kumar Upadhyay, J)

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T.Kr./-

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Shiv Pd. Sah and Ors. v. The State Of Bihar and Ors.

Case brief

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Shiv Pd. Sah and Ors. v. The State Of Bihar and Ors.

Case brief

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