Md. Moinul Haque Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Md. Moinul Haque Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive promotion relief granted forthwith; writ disposed of with directions — the legal heir of the deceased petitioner to file a detailed representation with documents before the District Education Officer, East Champaran at Motihari (respondent no.5) within four weeks; respondent no.5 to dispose of it by a reasoned and speaking order in accordance with law within ten weeks, considering that juniors had already been promoted; if the petitioner is found eligible, all consequential benefits to be granted; respondent no.5 personally responsible for compliance within the stipulated period.

Issue for consideration

Whether the petitioner (since deceased, whose claim is pressed by his legal heir) is entitled to promotion in Grade-3 (Second Financial Upgradation) in Matric Trained Scale w.e.f. 01.04.1994 under the Elementary Teachers' Promotion Rules, 1993, with all consequential benefits. +1 more

Court's answer

The writ application was disposed of with a direction to the legal heir of the petitioner to file a detailed representation, with supporting documents, before the District Education Officer, East Champaran at Motihari (respondent no.5) within four weeks of receipt/production of a copy of the order.

Ratio / Principle

Respondent no.5 (District Education Officer, East Champaran at Motihari) was directed to dispose of the legal heir's representation by a reasoned and speaking order in accordance with law within ten weeks of receipt of such representation.

Key takeaways

The direction to decide the representation was expressly to be made considering the fact that persons junior to the petitioner had already been granted promotion in Grade-3 (Second Financial Upgradation) in Matric Trained Scale.ratio¶30
It was made clear that if the petitioner is found eligible for consideration and grant of promotion in Grade-3 (Second Financial Upgradation) in Matric Trained Scale, the respondents are under obligation to grant all consequential benefits as well.ratio¶33

Detailed headnote1 paragraphs

Patna High Court, CWJC No.5962 of 2021 (Anjani Kumar Sharan, J.), decided 18-07-2024 (NAFR): Petitioner sought mandamus for promotion in Grade-3 (Second Financial Upgradation) in Matric Trained Scale w.e.f. 01.04.1994 under the Elementary Teachers' Promotion Rules, 1993, with consequential benefits. During pendency the petitioner died; counsel urged that juniors to the petitioner had been granted promotion while he was discriminated against. The Court disposed of the writ, directing the petitioner's legal heir to file a detailed representation with supporting documents before the District Education Officer, East Champaran at Motihari (respondent no.5) within four weeks; respondent no.5 to pass a reasoned and speaking order in accordance with law within ten weeks, considering the promotions already granted to juniors; if eligibility is established, the respondents are obliged to grant all consequential benefits; respondent no.5 to be personally held responsible for non-compliance within the stipulated period. No precedents cited; no monetary quantum involved.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5962 of 2021

======================================================

Md. Moinul Haque S/o- Md. Izhar Hussain R/o- Village- Barewa, P.S.- Chainpur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar Through the Principal Secretary, Department of Education, Government of Bihar, Patna.

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

The Principal Secretary Department of Finance, Government of Bihar, Patna.

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

The District Education Officer East Champaran, at Motihari.

The District Programme Officer (Establishement) East Champaran, at Motihari.

The Accountant General Bihar, Birchand Patel Path, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr.Amarendra Kumar, Adv. For the State : Mr. Narendra Kumar, A.C. to G.P.-20 For the Accountant General : Mr. Raj Nandan Pandey, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT

Date : 18-07-2024

Heard learned counsel for the petitioner and learned coun-

sels appearing for the respondents.

By filing the present writ application, the petitioner has

prayed for the following reliefs:

(i) For issuance of a writ in the nature of Mandamus commanding the respondent Authority to grant promotion in Grade-3 (Second Financial Upgradation) in Matric Trained Scale to the petitioner w.e.f. 01.04.1994 as per the provisions of Elementary Teachers’ Promotion Rules, 1993.

(ii) For directing the respondent Authority to grant

Patna High Court CWJC No.5962 of 2021 dt.18-07-2024 2/3

all consequential benefits to the petitioner.

(iii) For any other relief/reliefs for which the petitioner is found entitled in the facts and circumstances of the case.

Learned counsel for the petitioner submits that the peti-

tioner has died during the pendency of this writ application.

Learned counsel further submits that the persons who are juniors to the petitioner were granted promotion, but the matter of the petitioner has been discriminated.

Considering the submissions made hereinabove, this writ application is disposed of with a direction to the legal heir of the petitioner to file a detailed representation before the District Education Officer, East Champaran at Motihari (respondent no.5) along with other documents in support of his claim within a period of four weeks from the date of receipt/production of a copy of this order. The respondent no. 5 is well-advised to dispose of the said representation by a reasoned and speaking order in accordance with law within ten weeks from the date of receipt of any such representation filed by the legal heir of the petitioner considering the fact that the persons who are juniors to the petitioner have already been granted promotion in Grade-3 (Second Financial Upgradation) in Matric Trained Scale.

It is made clear that if it is found that the petitioner is

Patna High Court CWJC No.5962 of 2021 dt.18-07-2024 3/3

eligible for consideration and grant of promotion in Grade-3 (Second Financial Upgradation) in Matric Trained Scale, the respondents are under obligation to grant all consequential benefits as well.

The respondent no.5 shall be personally held responsible for non-compliance of this order within the stipulated period.

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

(Anjani Kumar Sharan, J)

divyanshi/-

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	23.07.2024
Transmission Date	NA