IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2673 of 2007 1. LAL BABU MISHRA, SON OF LATE BHAGWAT MISHRA, RESIDENT OF VILLAGE RAIDHURWA, P.S. MANUAPOOL, DISTRICT WEST CHAMPARAN. 2. KRISHNA DUTT JHA, SON OF LATE DEVI DUTT JHA, RESIDENT OF VILLAGE RANIPUR, P.S. BRINDAWAN ASHRAM, DISTRICT WEST CHAMPARAN. 3. JANARDAN MISHRA, SON OF LATE GOPAL MISHRA, RESIDENT OF VILLAGE BETTIAH BASAWARIA, P.S. BETTIAH, DISTRICT WEST CHAMPARAN. 4. BISHWANATH CHOUBEY, SON OF LATE DURBASA CHOUBEY, RESIDENT OF VILLAGE PIPARA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 5. VISHWANATH CHOUDHARY, SON OF LATE GANESH PRASAD CHOUDHARY, RESIDENT OF VILLAGE POKHARIA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 6. SATYA NARAIN PANDEY, SON OF LATE BABU NANDAN PANDEY, RESIDENT OF VILLAGE RAIDHURWA, P.S. MANUAPOOL, DISTRICT WEST CHAMPARAN. 7. HARIHAR PRASAD RAI, SON OF LATE LAKSHMI RAI, RESIDENT OF VILLAGE SHEIKH DHURWA, P.S. MANUAPOOL, DISTRICT WEST CHAMPARAN. 8. VIMLA KANT JHA, SON OF DIWAKER JHA, RESIDENT OF VILLAGE SARAYA OJHAWALIA, P.S. BETTIAH, DISTRICT WEST CHAMPARAN. 9. MOHAN ROUT, SON OF LATE NAKACHHED ROUT, RESIDENT OF VILLAGE BISHUNPUR BRIT, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 10. LAL BABU SINGH, SON OF SRI BIRAN SINGH, RESIDENT OF VILLAGE CHOUBEY TOLA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 11. VISHWANATH TIWARI, SON OF LATE RAM SAKAL TIWARI, RESIDENT OF VILLAGE LAGUNAHA, TIWARI TOLA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 12. SHANKER PRASAD SINHA, SON OF LATE JAMUNA PRASAD, RESIDENT OF MOHALLA KAMAL NATH NAGAR, BETTIAH, P.S. BETTIAH, DISTRICT WEST CHAMPARAN. 13. VIJAYA KUMAR PRASAD, SON OF LATE SHRI KANT PRASAD, RESIDNET OF MOH. MIRJA TOLA, CHHAWANI, BETTIAH, P.S. BETTIAH, DISTRICT WEST CHAMPARAN. 14. RAJA NARAIN SINGH, SON OF LATE PRAYAG SINGH, RESIDENT OF VILLAGE AWASHANPUR, P.S. SIKATA, DISTRICT WEST CHAMPARAN. 15. AYODHYA RAI, SON OF LATE BHOJ RAJ RAI, RESIDENT OF VILLAGE YADAV CHHAPAR, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 16. BIBHISHAN RAI, SON OF LATE SAJAWAL RAI, RESIDENT OF VILLAGE JOKAHA, P.S. MANUAPOOL, DISTRICT WEST CHAMPARAN. 17. AMLA RAI, SON OF LATE NANDAN RAI, RESIDENT OF VILLAGE RATAN MALA, P.S. MAJHAWALIA, DISTRICT WEST 2 CHAMPARAN. 18. MITHILESH KISHORE DUTT, @ MITHILESH DUTT, SON OF LATE NAGESHWAR DUTT, RESIDENT OF MOHALLAH BASAWARIA, BETTIAH, P.S. BETTIAH, DISTRICT WEST CHAMPARAN. 19. RAM BRIKSHA SINGH, SON OF LATE RAMPHAL SINGH, RESIDENT OF VILLAGE MATHIA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 20. MD. JAAN, SON OF LATE RASUL MIAN, RESIDENT OF VILLAGE AWARAIA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 21. MANKESHWAR PRASAD, SON OF LATE MUNSHI PRASAD, RESIDENT OF VILLAGE PIPRA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN. 22. YADU NATH JHA, SON OF LATE DINA NATH JHA, RESIDENT OF VILLAGE TIRHUTIA TOLA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER AND SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. THE DIRECTOR (ADMINISTRATION)-CUM- JOINT SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 4. THE DIRECTOR (PRIMARY EDUCATION), BIHAR, PATNA. For the petitioners : M/s Dilip Kr. Tiwari, Krishna Kant Tiwari, Mohini Kumari, Advocates. For the respondents : Mr. Gyan Prakash Ojha, AC to GA-5. ------------------- 03. 02.09.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners at the relevant time were the members of the Subordinate Education Service. They have filed this writ petition for a direction to the State respondents to merge the Subordinate Education Service with the Bihar Education Service, Class-II. Aforesaid request of the similarly situate persons was 3 rejected by this Court under order dated 31.10.2007 passed in C.W.J.C. No.10091 of 2006 and one another writ case against which L.P.A. No.418 of 2009 was preferred, which was dismissed under order dated 21.05.2010, against which S.L.P.(Civil) Nos.26675-26676 of 2010 has been filed, which is pending before the Hon’ble Supreme Court. In the circumstances, request of the petitioners for merger in the Bihar Education Service, Class-II shall be subject to the result of the aforesaid S.L.P. 3. During the pendency of the writ petition, petitioner no.16 Bibhishan Rai and petitioner no.22 Yadu Nath Jha have been allowed notional promotion in the Bihar Education Service, Class-II with effect from 1.1.1980, 1.1.1993 respectively under notification dated 3.10.2007, Annexure-15 series to I.A. No.3675 of 2009. From the averments made in paragraphs-32, 33, 34 of the writ petition and the reply thereto made in paragraphs-7, 8, 9 to the counter affidavit of respondent nos.1, 2, 3 duly affirmed by the Deputy Secretary, Human Resources Development Department of the State Government, I 4 am satisfied that the delay in granting promotion to petitioner nos.16 and 22 and others under notification dated 3.10.2007 was on account of administrative reasons beyond the control of the petitioners. In the circumstances, petitioner nos.16 and 22, in my opinion, are entitled for arrears of difference of salary and other consequential benefits in the light of the promotion granted under notification dated 3.10.2007. Necessary consequential benefit of such promotion be paid to these two petitioners, as early as possible, in any case within three months from the date of receipt/production of a copy of this order before the Director, Administration, Human Resources Development Department, Govt. of Bihar. 4. From the averments made in paragraph- 14 of I.A. No.3675 of 2009 it further appears that petitioner nos.1, 2, 3 and 18 are qualified for being promoted to Bihar Education Service, Class-II. 5. Let the Director, Administration, Human Resources Development Department, Govt. of Bihar consider the case of petitioner nos.1, 2, 3 and 18 for such promotion with effect from the due date in 5 accordance with law within the same time. It goes without saying that if these petitioners, namely, petitioner nos.1 to 3, 18 are also found fit for promotion, they shall also be allowed the monetary benefit in the light of the said promotion within the same time. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)