Dismissed

Shyamdeo Prasad Singh v. The State Of Bihar and Ors.

Patna HC28 Mar 2023CWJC/14133/2015

Case brief

AI extract

What is this about?

A teacher filed a writ petition seeking promotion with retrospective effect, claiming a rival's promotion was illegal. The court noted the rival's promotion was found forged but dismissed the application due to missing pleadings regarding the retrospective claim.

What did the court decide?

The writ application is dismissed with liberty to file a fresh writ application for grant of retrospective promotion.

Shyamdeo Prasad Singh Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14133 of 2015

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Shyamdeo Prasad Singh Son of Late Dwarika Pandit, Resident of VillageMahmadpur, P.S. Ekangarsarai, District- Nalanda. Posted as Senior Assistant Teacher, Middle School, Mohaddinagar, Biharsharif, Nalanda.

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... ... Petitioner/s

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Versus

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The State Of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna

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The Director, Primary Education, Bihar, Patna.

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The Regional Deputy Director of Education, Patna Division, Patna.

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The District Education Officer, Nalanda.

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The District Programme Officer, Nalanda.

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Sri Shyam Kishore Prasad, S/o Ganouri Prasad R/o Village- Ajnoura, P.S.Noorsarai, District- Nalanda, Posted as Headmaster, Middle School, Bind, Nalanda.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Parasmani For the Respondent/s : Mr. Tej Pratap Singh, AC to AAG 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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5 28-03-2023

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Learned counsel for the State submits that pleadings

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of the writ application is based upon promotion granted in favour of the respondent- 6 / Shyam Kishore Prasad inasmuch as according to the petitioner the respondent -6 is junior to him but he has been promoted ignoring the claim of the petitioner.

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It is an admitted position that promotion of the respondent-6 has been found to be forged and illegal. Now, the petitioner is trying to mould his relief for grant of promotion with retrospective effect of 2019 but necessary pleadings in this

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Patna High Court CWJC No.14133 of 2015(5) dt.28-03-2023 2/2

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regard is missing in the writ application.

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Accordingly, this writ application is dismissed with

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liberty to the petitioner to file a fresh writ application for grant of retrospective promotion, if so advised.

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(Anil Kumar Sinha, J)

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praful/-

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Shyamdeo Prasad Singh v. The State Of Bihar and Ors.

Case brief

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Shyamdeo Prasad Singh v. The State Of Bihar and Ors.

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