IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.160 of 2006 NAVIN CHANDRA JHA Versus STATE OF BIHAR ----------- For the Petitioner : Mr. P.C.Thakur, Adv. For the Respondents : Mr. P.N.Sharma, JC to G.A.IX ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 8th July, 2008. The writ petition filed by the petitioner came to be disposed of on 6th March, 2000 by the following order: - “However, the petitioner is given liberty to move before the Director, Primary Education to raise the grievance. If any representation is filed by the petitioner within a month, giving details of juniors so promoted, the Director, Primary Education will find out as to whether any person junior to petitioner has been granted I.A. trained scale/B.A. trained scale/scale of Head Master within last six years or not (i.e. on or after 1st January, 1994 or not). If any of such junior promoted without consideration of the case of petitioner, he will consider and place the matter before the appropriate Establishment Committee for granting such grade/scale, from the date, the juniors were so promoted and pass a reasoned order on the representation within four months from the date of receipt of such representation. If for one or other reason, the prayer is rejected, the Director, Primary Education will show reason and communicate the same to the petitioner.” - 2 - 2. The petitioner claims to have made representation pursuant to the order dated 6.3.2000, but his grievance is that the relief has not been given to him. 3. The Opposite party no.4 has shown written cause. The following statement has been made therein: - “7. That it is relevant to state that the deponent vide his letter no.928 dated 15.5.2006 wrote to the District Superintendent of Education, Saharsa stating therein inform the action taken in terms of order of Director, Department of Primary Education, Bihar, Patna which is not replied by him till date. 8. That it is humbly stated and submitted that the Deputy Director, Department of Primary Education, Bihar, Patna vide memo no. 938 dated 5.6.2006, directed the District Superintendent of Education, Saharsa to inform the action taken in terms of order of Director, Deptt. of Primary Education, Bihar, Patna and also to sent clear report to this deponent, so that effective show-cause shall be submitted. But till date no report has been received by this deponent from D.S.E. Saharsa. That is relevant state that Deputy Director, Primary Education, Bihar, Patna vide memo no.938 dated 5.6.2006 directed the D.S.E. Saharsa to inform the action taken in terms of order of Director, Primary Education, Bihar, Patna (Anenxure-2) and also to sent clear report to this deponent, so that effective show- cause shall be submitted. But till date no report has been received by this deponent from D.S.E., Saharsa in this regard. 9. That the deponent at last place the matter before the District Education Establishment Committee, Supaul on 7.7.2006 and the Committee unanimously decided that promotion granted to the teachers will be reviewed by D.S.E., Saharsa from the year 1980. The Committee also considered the case of petitioner in terms of representation filed by petitioner in which he claims that a teacher namely Shambhu Nath Jha is Junior to him. Committee founds that said Shambhu Nath Jha is junior to him and as such the Committee cancelled the promotion granted to aforesaid Shambhu Nath Jha and accordingly vide office order issued under memo no.1096 dated 8.7.2006 the promotion of Shambhu Nath Jha has - 3 - been cancelled.” 4. In view of the aforesaid statement made in the show- cause, we are satisfied that nothing further needs to be done in this M.J.C. It is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-