IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1191 of 2009 ====================================================== Jaikumari Devi, Wife of Sri Gauri Shankar Prasad Srivastava, Resident of C/o Sri Pashupati Nath Verma, Rambagh Chauri, Vidyapati Path, P.S. – Shastri Nagar, Town & District – Muzaffarpur. .... .... Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Education Secretary, Government of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. District Superintendent of Education, Muzaffarpur. 5. Treasury Officer, Muzaffarpur. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Vivek Prasad For the Respondent/s : Mr. (Sc7) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 05/ 25-08-2011 Petitioner’s prayer is for a direction to the respondents to give her benefit of anti stagnation provision adopted by the State Govt. as 1st and 2nd time bound promotion. Petitioner was appointed as Assistant teacher on 19.08.1959 and superannuated on 31.5.1998 from Rajkiya Madhya Balika Vidyalaya, Sadpura, Muzaffarpur. Her grievance is that during entire service career she was not given any promotion, though the State Govt. has taken decision to grant at least two times bound promotions to such employees, who have not been allowed any promotion during their entire service career. Patna High Court CWJC No.1191 of 2009 (5) dt.25-08-2011 2 / 3 2 Petitioner’s pension has also been fixed in the same pay scale in which she has retired. After her superannuation petitioner has been allowed the revised pay scale with effect from 1.1.1996, but her arrears of salary in the revised pay scale as well as fixation of pension in the revised scale has also not been done. Despite allowing several times to the counsel appearing for the State for filing counter affidavit, till date it has not been filed. As such, this writ application is disposed of, giving liberty to the petitioner for filing representation within four weeks from today before the District Superintendent of Education, Muzaffarpur now the District Education Officer, Muzaffarpur, who will examine the case of the petitioner and pass necessary orders allowing two times bound promotions to the petitioner, considering her entitlement. She will also be allowed arrear of her salary in the revised pay scale on account of the revised pay scale allowed by the State as well as on account of two times bound promotions allowed to her. Her pension will also be re-fixed in the revised scale. Arrears of pension should also be paid by the respondent D.E.O., Muzaffarpur by passing necessary Patna High Court CWJC No.1191 of 2009 (5) dt.25-08-2011 3 / 3 3 orders on the representation of the petitioner within eight weeks from the date of filing of such representation. DKS/ (Mridula Mishra, J)