IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1794 of 2011 DINA NATH SINGH, son of Shivpujan Singh, Resident of Village Khairahi Khurd, Police Station – Dinara O.P. - Bhanash, District – Rohtas, Bihar, presently posted as Acting Headmaster, Adarsh High School, Semra, Rohtas, Bihar ________ Petitioner Versus 1. THE STATE OF BIHAR. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Joint Secretary, Human Resources Development Department, Government of Bihar, Patna. 4. The Director, Secondary Education, Government of Bihar, Patna. 5. The Regional Deputy Director of Education, Patna Division, Patna, Bihar. 6. The District Education Officer, Rohtas, Bihar. 7. Santosh Kumar Pal, son of not known to the petitioner, newly appointed Headmaster, Aadarsh High School, Semra, Rohtas, Patna. ______ Respondents ----------- For the petitioner: Mr. Gyan Shankar. For the State : Mr. S A Alam, SC-3. ------ 02. 18.3.2011 Petitioner wants a direction upon the respondents to consider his case and grant him promotion to the post of a Headmaster since many a persons junior to him have been given such benefit. Contention of the counsel for the petitioner is that name of the petitioner does figure in the State gradation list and appears at serial No. 381. From the said gradation list promotions have been granted to many a persons including juniors and some of the notifications issued by the respondents have been annexed in support thereof. When the petitioner’s 2 name was missing from this notification, he approached the respondent Director, Secondary Education, with a claim for grant of similar benefit vide his application dated 3.1.2011, which is annexure-5 to the writ application. No decision has been taken as yet. Counsel for the petitioner submits that on enquiry he learnt that one of the reasons why his name was ignored or not included was the so-called pendency of a proceeding, both criminal and departmental, but both these proceedings came to an end much before the case of promotion was taken up. This position stands certified by the notification issued by the Director, Secondary Education, Government of Bihar, vide letter No., 3842 dated 6.9.2010. Obviously the respondent authorities have probably by over sight missed out this fact contained in Annexure-4 while considering the case of the petitioner or they might have been under the impression that proceedings are still pending against him. Be that as it may, the writ application is disposed of with a direction upon the Director , Secondary Education, Government of Bihar, i.e. respondent No.4, to take cognizance of the application of the petitioner dated 3.1.2011 contained in Ananexure-5, and issue appropriate direction for promotion of the petitioner since many a juniors have been granted this benefit, if there is no legal impediment as such. 3 Court expects such decision to be taken up within three months from the date of receipt/production of a copy of this order. rkp ( Ajay Kumar Tripathi, J.)