IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9576 of 2009 MANOJ KUMAR SINHA, SON OF LATE MATHURA PRASAD, RESIDENT OF VILLAGE-SADIPUR, P.S. AND DISTRICT- NAWADA, AT PRESENT POSTED IN PRIMARY SCHOOL GANGA DIH, P.S.-GOBINDPUR, DISTRICT-NAWADA …….. ………………PETITIONER. Versus 1. THE STATE OF BIHAR through the Secretary, Primary Education, Government of Bihar, Patna. 2. The District Magistrate-cum- Chairman of the District Education Establishment Committee, Nawadah. 3. The District Superintendent of Education, Nawadah. 4. Dheerendra Kumar Son of not known to the petitioner, Headmaster, m.S. Ghari, Roh , Nawadah. 5. Bijay Kumar, son of not known to the petitioner, Headmaster, Middle School, Gora Bigha, Nawadah. 6. Radhe Lal, son of not known to the petitioner, Head Master, Middle School, Rampur, Govindpur, Nawadah. 7. Tribhuwan Nath Verma, son of Late Kedar Nath Verma, Headmaster, Middle School, Manjour, Warisaliganj, Nawadah. 8. Surendra kumar son of not known to the petitioner, Headmaster, Middle School, Rajabighs, Distt- Nawadah. 9. Md. Hauman Khan son of not known to the petitioner, Headmaster, Middle School, Manjhwa, Hasua, Nawada. 10. Vijay Pandit, son of Jago Pandit, Headmaster, Middle School, Arun, Pakribarawan, Nawadah. 11. Rajendra Prasad, son of not known to the petitioner, Headmaster, Middle School, Berat, Narhat, Nawadah. 12. Rajeshwar Prasad, son of not known to the petitioner, Headmaster, Middle School, Dhamani Kawakol, Nawadah. 13. Nand Kishore Prasad, son of known known to the petitioner, Headmaster, Middle School, Sisura, Pakribarawan, Nawadah. 14. Shivendra Prasad, son of not known to the petitioner , Headmaster, Middle School, Apsar Nepura, Kashichak, Nawadah. 15. Krishna Kumar Verma, son of late Baldeo Mahto, Headmaster, Middle School,, Samhari, Nandiganj, Nawadah. 16. Chandra Bhushan Kumar Sinha, son of Late Ishwar Dayal, Headmaster, Middle School, Bhadokhara, Nawadah. 17. Ranjan Kumar Ghosh, son of Late Krishna Mohan Ghosh, Headmaster, Middle School, Dumarawan, Pakribarawan, District-Nawadah. 18. Naresh Jha, son of not known to the petitioner, Headmaster, Middle School, Pokshi, Pakribarawan, Nawadah. 19. Bisheshwar Prasad Yadav, son of not known to the petitioner, Headmaster, Middle School, Baghore, Roh, District- Nawadah. ……………….. ……………… Respondents. ----------- 2 2. 26.08.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner was appointed against the sanctioned post of I. Sc. Trained teacher on 20.07.1977 though at the time of his appointment, he was holding the qualification of B.Sc. Petitioner’s grievance is that juniors to him, have been granted promotion in the scale of B.Sc. trained teacher with effect from the date they acquired this qualification and also subsequently to the post of headmaster considering their seniority but these benefits have not been allowed to the petitioner till date. Prayer of the petitioner is for directing the respondents (District Superintendent of Education, Nawada) for considering his case for promotion in B.Sc. trained scale and also to the post of headmaster. Petitioner has impleaded respondents No. 5 to 19 as party for the reason that though they were appointed subsequent to the petitioner and juniors to him, but have been allowed promotion in the B. Sc. Trained scale and also promotion to the post of Headmaster in the light of the order passed by this court in C.W.J.C. No. 1520 of 2001. The order passed by this court in C.W.J.C. No. 1520 of 2001 is annexed as Annexure-9 to the writ application, which has been decided in the light of earlier reported judgment and order reported in 1999(2) PLJR 309 (Badri Narain Verms & Anr. Vs The state of Bihar & Ors.). 3 Counsel for the petitioner submits that in the light of order passed in C.W.J.C. No. 1520 of 2001 vide Annexure-11, the District Superintendent of Education, Nawada has given promotion to 17 teachers vide order contained in Letter No. 1594, but petitioner’s case was not considered for promotion, ignoring his seniority to all such persons, whose names have been included in Annexure-11, though petitioner had also applied for promotion. Counsel appearing for the state has admitted this fact that petitioner’s case is fully covered by the direction of this court passed in C.W.J.C. No.1520 of 2001 and he is entitled for this promotion. Considering these facts, this writ application is being disposed of directing the respondent no. 2 to give promotion to the petitioner with effect from the date juniors to the petitioner, were granted promotion in that scale and also to allow him promotion to the post of headmaster considering his entitlement in the light of judgment and order passed in C.W.J.C. No. 1520 of 2001. The order must be passed within eight weeks, with all consequential benefits. AKV/ ( Mridula Mishra, J.)