Petitioner sought writ for second time-bound promotion benefits while retired. Court dismissed petition relying on connected judgments in Suresh Ram s. case and Minakshi s. case vide judgment of the same court.
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.11762 of 2015
======================================================
Krishna Jee Prasad Son of Late Fulena Rai, Resident of Village - Bhagwanpur, P.S. - Bhagwanpur, District - Siwan.
... ... Petitioner/s
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arbind Kumar, Advocate For the Respondent/s : Mr. Kumar Samarjeet Singh, AC to SC-21
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 21-02-2023
Heard learned counsel for the parties.
The petitioner, by way of the present writ petition,
prayed as under:-
“1.That this is an application for issuance of an appropriate writ in the nature of Mandamus commanding the respondents to pay the due Benefit of second time bound promotion with the interest to the petitioner.”
Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of
Patna High Court CWJC No.11762 of 2015 dt.21-02-2023 2/2
2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this writ petition is dismissed with liberty to the petitioner to file appeal before the concerned District Appellate Authority.
Considering the fact that the petitioner has already been retired from service, if the petitioner files such an appeal, it is expected from the concerned District Appellate Authority to decide the same, expeditiously preferably within a period of six months from its filing.
(Sanjeev Prakash Sharma, J)
Amrendra/Item No. 32
| AFR/NAFR | |
|---|---|
| CAV DATE | |
| Uploading Date | 22.02.2023 |
| Transmission Date |
2 issues framed by the court
Whether the petitioner entitled to promotion benefits given to retired service.
Whether the writ petition should be dismissed based on prior judgments and retirement.
Colour shows how this judgement treated each authority
Suresh Ram Vs. The State of Bihar & Ors.Referred¶21
2022 (2) B.L.J. 381
Suresh Ram Vs. The State of Bihar & Ors.Referred¶21
2022 (2) P.L.J.R. 80
Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.Referred¶21
C.W.J.C. No. 34 of 2022
Krishna Jee Prasad
The State of Bihar
The Director Primary Education Department, Bihar
The Regional Deputy Director, Saran
The District Education Officer (D.E.O.), Siwan
The District Programme Officer (D.P.O.), Siwan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
