Disposed

Satish Kumar Patel and Ors. v. The State of Bihar and Ors.

Patna HC23 Nov 2023CWJC/2765/2019

Case brief

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What is this about?

In a writ petition involving Assistant Teachers disputing their absence from a provisional gradation list, the Patna High Court directed the District Education Officer to dispose of pending objections via a reasoned order within three months before dismissing the application.

What did the court decide?

Directed the District Education Officer, Bhagalpur, to dispose of the petitioners' objections by a reasoned order within three months; writ application disposed of thereafter.

Satish Kumar Patel and Ors. Vs The State of Bihar and… — Service and Employment | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2765 of 2019

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Satish Kumar Patel Bishwanath Mandal presently posted as Assistant Teacher in Middle School, Bhikhanpur (Bhagalpur), District- Bhagalpur.

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Lambodar Tripurari Chaturbhuj Mandal resident of Mohalla- Parbatti, P.O.Bhagalpur City, P.S. University, District- Bhagalpur, presently posted as Assistant Teacher, Middle School, Sahebganj Nagar Nigam, District Bhagalpur.

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Dinesh Mandal Medo Mandal resident of Mohalla- Nilkanth Nagar, Parbatti Lane, P.O. HPO Bhagalpur, P.S. Ishakchak, District- Bhagalpur, presently posted as Assistant Teacher, Jagnnath Middle School, Naya Bazar, Nagar Nigam (West), District- Bhagalpur.

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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, Government of Bihar, Patna.

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The Regional Deputy Director of Education (R.D.D.E.), Bhagalpur Division, Bhagalpur.

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The District Magistrate, Bhagalpur.

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The District Education Officer, Bhagalpur.

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The District Programme Officer (Establishment), Bhagalpur-cum- Member Secretary, District Primary Teachers Promotion Committee, Bhagalpur.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Respondent/s : Mr.Smt Shilpa Singh (Ga12) Ms. Abhanjalli, Adv.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 23-11-2023

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By way of the present writ application the

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petitioners have prayed for issuance of writ with a direction to the respondents to dispose the objections of the petitioners to the provisional gradation list of Graduate trained teachers prepared for the purpose of promotion to

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Patna High Court CWJC No.2765 of 2019(4) dt.23-11-2023 2/3

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the post of Headmaster.

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Learned counsel for the petitioners submits that petitioners were initially appointed as untrained teachers in the Matric Pay Scale on 09.09.1994 and were given promotion as Graduate trained teachers on 17/10/2016. A provisional gradation list was published on 27-08-2018 by the District Programme Officer (Establishment), Bhagalpur i.e. respondent no. 6 in which the petitioners did not find their name.

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Pursuant to letter bearing no. 1908 dated 27-082018 inviting objections from the aggrieved teachers, the petitioners submitted their objection along with all the relevant documents on 05/09/2018 before the District Education Officer, Bhagalpur. The contention of learned counsel is that objections filed by the petitioners dated 0509-2018 have not yet been disposed by a reasoned order by the D.E.O., Bhagalpur.

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In view of the aforesaid submissions and the fact that objection filed by the petitioners to the provisional gradation list is still pending, I direct the respondent no. 5 / District Education Officer, Bhagalpur to dispose the

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Patna High Court CWJC No.2765 of 2019(4) dt.23-11-2023 3/3

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objection (Annexure- 5 to this writ application) filed by the petitioners by a reasoned order within a period of three months from the date of receipt / production of a copy of this order.

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With the aforesaid observation and direction, the writ application stands disposed of.

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(Anil Kumar Sinha, J)

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praful/-

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Satish Kumar Patel and Ors. v. The State of Bihar and Ors.

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Satish Kumar Patel and Ors. v. The State of Bihar and Ors.

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