High CourtsSingle Bench(2019) 09 PAT CK 0176

Prafulla Chandra Rai And Ors vs State Of Bihar And Ors

Patna High Court · Decided on 27 September 2019

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Jurisdiction Case No. 1095 Of 2017, Civil Writ Jurisdiction Case No. 2339 Of 2014

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Judgment

8 paragraphs · 237 words
1.

Heard learned counsel for the petitioners and learned AAG 15 for the State.

2.

Pursuant to order dated 11.09.2019, the Additional Chief Secretary, Education Department, Government of Bihar is present. Show cause has also been filed by him.

3.

From the pleadings and materials on record, the Court finds that the order dated 22.04.2015 passed in CWJC No. 2339 of 2014 stands complied with as the petitioners have been granted promotion on 27.06.2019.

4.

In view thereof, nothing further remains in the present application and the same stands disposed off.

5.

At this juncture, learned counsel for the petitioners submitted that their seniority has not been maintained, as they have been promoted from a later date, though persons junior to them have been granted promotion in the year 2017.

6.

The Additional Chief Secretary, Education Department submitted that the seniority has been maintained.

7.

Be that as it may, the same is beyond the scope of the order of the writ Court dated 22.04.2015. If now the petitioners have any grievance with regard to their conditions of service pursuant to they being promoted to the post of headmaster, the same is a fresh cause of action to be agitated before the appropriate forum, in accordance with law. It shall be open to the petitioners to take all points available to them on merits.

8.

Personal appearance of the Additional Chief Secretary, Education Department stands dispensed with.