IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18769 of 2011 Ramashish Manjhi S/O Sudama Manjhi R/O Village- Mujwania, P.O.- Gauri, District- Siwan and Presently Assistant Teacher, Rajkiya Buniyadi Vidyalaya, Thawe, Gopalganj, Bihar. Versus 1. State of Bihar. 2. The Principal Secretary Human Resources Development Department, Government of Bihar, Vikas Bhawan, Patna. 3. Director, Primary Education Human Resources Department, Government of Bihar, Vikas Bhawan, Patna. 4. The Dy. Director, Primary Education Human Resources Department, Government of Bihar, Vikas Bhawan, Patna. 5. The Regional Dy. Director of Education, Saran Division, Saran. 6. The District Magistrate, Gopalganj. 7. The District Education Officer, Gopalganj. 8. The Head Master, Rajkiya Buniyadi Vidyalaya, Thawe, Gopalganj ---------------------------------- 2. 25.10.2011 Heard Mr. Yash Raj Bardhan for the petitioner and learned A.C. to S.C. 27 for the respondents. Petitioner has filed the writ petition for a direction to consider his promotion to Subordinate Education Service and graduate trained scale. Learned counsel for the petitioner submits that the petitioner though being entitled to such relief has been denied the same by the respondents without any justification in law. He submits that persons junior to him as per the policy of reservation have been granted such promotion. 2 Learned counsel has submitted that initially there was some controversy with regard to the qualification possessed by the petitioner but after enquiry the same has been found to be proper and in accordance with law. In that view of the matter, he submits that he cannot be denied such promotion. Learned counsel has drawn the attention of this Court to a representation dated 6.6.2011 filed by the petitioner before the Director, Primary Education through the Deputy Director of Education, Saran for consideration of his grievances. He submits that pursuant to that a list has been sent by the Deputy Director of Education, Saran Division, Chapra, who has not forwarded the name of the petitioner for such consideration, which is patently illegal. Considering the facts and circumstances of the case the respondent no. 3 (Director, Primary Education) is directed to consider the representation of the petitioner dated 6.6.2011 as expeditiously as possible and within a maximum period of two months from the date of receipt/production of a copy of this order upon him. It would be the responsibility of the Director to ensure that all the formalities with regard to consideration of the petitioner’s case for promotion is completed including forwarding the names by the authorities concerned. 3 The petitioner’s claim shall not be defeated on technical grounds or on account of non completion of required formalities which are supposed to be undertaken by the respondents and are not within the jurisdiction or capacity of the petitioner. If upon consideration it is found that the petitioner is entitled to the relief prayed for by him then the actual benefits of the same shall also be given to him within the next four weeks thereafter including placing him at the appropriate place in the seniority list. With the aforementioned directions the writ petition stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)