IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3554 of 2004 MAHENDRA PASWAN, SON OF LATE KAILASH PASWAN, CLERK, PROJECT GIRLS HIGH SCHOOL, SANHA PARORA, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI, PERMANENTLY RESIDING AT VILLAGE ULAO, P.O ULAO, P.S. SINGHAUL OUT POST, DISTRICT BEGUSARAI. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, DEPARTMENT OF SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, DARBHANGA DIVISION, DARBHA NGA. 5. THE DISTRICT EDUCATION OFFICER, BEGUSARAI 6. THE HEADMISTRESS, PROJECT GIRLS HIGH SCHOOL, SANHA PARORA, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI. -------------------------------------------------------------------------------------------- RESPONDENTS With CWJC No.9334 of 2004 MAHENDRA PASWAN, SON OF LATE KAILASH PASWAN, CLERK, PROJECT GIRLS HIGH SCHOOL, SANHA PARORA, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI, PERMANENTLY RESIDING AT VILLAGE ULAO, P.O ULAO, P.S. SINGHAUL OUT POST, DISTRICT BEGUSARAI. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, BEGUSARAI 4. THE DISTRICT EDUCATION OFFICER, BEGUSARAI 5. THE HEADMISTRESS, PROJECT GIRLS HIGH SCHOOL, SANHA PARORA, P.S. SAHEBPUR KAMAL, DISTRICT BEGUSARAI. 6. THE TREASURY OFFICER, BEGUSARAI. -------------------------------------------------------------------------------------------- RESPONDENTS For the petitioner in :- Mr. Vivekanand Singh, Advocate CWJC No. 9334 of 2004 For the State :- Mr. A. Amanullah, G.A. 9 Mr. M.K. Pathak, A.C. to G.A. 9 For the State in :- Mr. Sanjay Prakash Verma, A.C. to G.A. 5 CWJC No. 3554 of 2004 ********** 2 4 3.12.2010 Petitioner was working in a Nationalized School on Class IV post. It is said that he was promoted by the Establishment Committee on Class III post and transferred to Project Girls High School, Sanha Parora. The said promotion and transfer has been cancelled by the District Education Officer, Begusarai on 9.2.2004 on the ground that there was no rule for transferring the employee from a Nationalized School to a Project High School. The promotion has also been cancelled for the reasons which are not quite clear to this Court. Since this matter is pending since the year 2004 in this court and no counter affidavit has been filed, it would be proper for the Director, Secondary Education to consider the case of the petitioner after calling for records from the District Education Officer, Begusarai and examining whether the promotion granted to the petitioner was correctly given or not. The respondent no. 5 (in CWJC No. 3554 of 2004) i.e. the District Education 3 Officer, Begusarai is directed to send the records relating to the promotion of the petitioner within a period of eight weeks on receipt of a copy of this order to the Director, Secondary Education, Government of Bihar, Patna. The Director, Secondary Education is directed to take a decision on the matter, within a period of two months on receipt of the records from the District Education Officer, Begusarai. Petitioner is permitted to file his representation along with all documents available to him before the Director, Secondary Education to substantiate his case. It has been submitted on behalf of the petitioner that the petitioner has worked for 18 years on a Class III post and, therefore, in any case he would be entitled to be considered to be promoted from Class IV to Class III post. The Director will also consider whether in the interim period, there has been any regular promotion of Class IV employees to the post of Class III in Nationalized Schools and whether the petitioner would come within the zone of consideration, in case it is found that his 4 earlier promotion was not in accordance with law, the consequences will follow. Needless to say that if the Director, Secondary Education finds that the petitioner has been duly promoted against the Class III post, the consequential order should also be issued by the Director. CWJC No. 9334 of 2004 has been filed for payment of salary. This relief can only be granted to the petitioner after consideration of the matter of his reversion is considered by the Director, Secondary Education. These writ applications are disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)