IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.3930 OF 2009 RAMANAND ROY, SON OF LATE KESHWAR ROY, RESIDENT OF VILLAGE JETULI, POLICE STATION FATUHA, DISTRICT PATNA ………..….PETITIONER VERSUS 1. SRI ANJANI KUAMR SINGH, SECRETARY, Human Resources Development Department, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 2. KUMAR ASHUTOSH, DIRECTOR, PRIMARY EDUCATION, Human Resources Development Department, GOVERNMENT OF BIHAR, PATNA 3. SHRI SUNIL BARTHAWAL, COMMISSIONER, PATNA DIVISION, PATNA 4. SHRI DASRATH RAM, REGIONAL DEPUTY DIRECTOR, PATNA DIVISION, INTER COUNCIL BUILDING, BUDH MARG, PATNA 5. SHRI JITENDRA KUMAR SINHA, DISTRICT MAGISTRATE, PATNA 6. SHRI SHASHI BHUSHAN, DISTRICT SUPERINTENDENT OF EDUCATION, PATNA 7. SHRI RAJENDRA PANDEY, HEAD MASTER, MIDDLE SCHOOL, BAHUARA, PARSA, PATNA 8. SHRI EKBAL HUSSAIN, HEAD MASTER, MIDDLE SCHOOL, ISHOPUR, PHULWARISHARIF, PATNA 9. SHRI RAM LAGAN PRASAD SINGH, HEAD MASTER, MIDDLE SCHOOL, SAMPAT CHAK, PARSA, PATNA 10. CHANDRA SHEKHAR PRASAD SINGH, HEAD MASTER, MIDDLE SCHOOL, BAKAR GANJ, KOHAMA, FATUHA, PATNA 11. SHRI SHASHI SEKHAR PRASAD SINGH, HEAD MASTER, MIDDLE SCHOOL, ALABALPUR, FATUHA, PATNA ……………………………………………………CONTEMNORS/OPPOSITE PARTIES ********* 5 03/11/2010 Heard learned Counsel for the petitioner and the Opposite Parties. A show cause has been filed containing Annexure-A dated 02.09.2009 which has purportedly been passed in compliance of the order of this court. It appears that the petitioner is not satisfied with the order contained in Annexure-A as it indicates that if the petitioner is dissatisfied, he can place his case before the District Superintendent of Education, Patna along with the relevant documents, who will consider his case - 2 - in accordance with the 1993 Rules for promotion. It is obvious that the option given to the petitioner is not a satisfactory option, however, some sort of reasonings has been mentioned in Annexure-A, wherein it has been stated that the petitioner was only entitled for promotion in accordance with the vacancies and his position in the gradation list. This is the main aspect which has to be considered. The fact that other juniors were granted promotion, according to the authorities, cannot be a criteria for grant of any further promotion. If the petitioner is dissatisfied with the order contained in Annexure-A, he would have the liberty to challenge it in any appropriate proceedings. This contempt application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )