Disposed

Dayanand Paswan v. The State of Bihar and Ors.

Patna HC9 Jan 2024CWJC/5757/2019

Case brief

AI extract

What is this about?

Petitioner sought promotion to Headmaster, alleging the Promotion Committee was not meeting despite completion of requisite tenure. State counsel suggested filing a representation. The court disposed of the writ petition with liberty to file a representation before the DEO.

What did the court decide?

Liberty to file representation before DEO, Bhagalpur within one month; DEO to consider it in accordance with law and Committee to consider promotion within reasonable time.

Dayanand Paswan Vs The State of Bihar and Ors. — Service and Employment | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5757 of 2019

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Dayanand Paswan S/o Sonelal Paswan R/o Village Surkhi Kal, P.S. Tilkamanjhi, District Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar and Ors through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

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The Principal Secretary, Education Department, Govt. of Bihar, Patna.

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The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

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The Director, Primary Education, Government of Bihar, Patna.

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The District Magistrate, Bhagalpur, District Bhagalpur.

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

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The District Education Officer, Bhagalpur-cum-Chairman of District Primary Teacher Promotion Committee, Bhagalpur, District- Bhagalpur.

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The District Education Officer, Bhagalpur, District Bhagalpur.

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

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Sharda Nand Mishra For the Respondent/s : Mr. Ashutosh Ranjan Pandey (Aag15 ) : Mr. Vinay Kumar Mishra (Ac to Aag15)

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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6 09-01-2024 1. Heard the parties.

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Learned counsel for the petitioner submits that now the petitioner has completed the requisite tenure (kalavadi) for being considered as Headmaster as per Promotion Rules in this respect. He further submits that the Promotion Committee is not holding meeting for consideration of the case of the petitioner for promotion.

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Patna High Court CWJC No.5757 of 2019(6) dt.09-01-2024 2/2

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Mr. Vinay Kumar Mishra, learned counsel appearing for the State submits that the petitioner may file a representation before the District Education Officer (D.E.O) for consideration of the claim of petitioner, for promotion, in accordance with law.

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Taking into account, the nature of claim of the petitioner and the submissions advanced by the State, the present writ application is disposed with a liberty to the petitioner to file a representation before the District Education Officer (D.E.O), Bhagalpur within a period of one month. If such a representation is filed, the District Education Officer (D.E.O.) shall be obliged to consider the same in accordance with law and if the petitioner fulfills all the criteria, for promotion, the Committee will consider this case for promotion within a reasonable time frame.

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(Anil Kumar Sinha, J)

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HarshPandey/-

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Dayanand Paswan v. The State of Bihar and Ors.

Case brief

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Dayanand Paswan v. The State of Bihar and Ors.

Case brief

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