MAHADEO DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is Incharge Headmaster of the Middle School, Gorgama, District -Banka has filed this writ petition seeking direction for his promotion to the B.A. trained scale from 1986 and other consequential benefits.

(2.) IN the supplementary counter affidavit sworn by Sri Khurshid Alam, District Education Officer, Banka filed today it is not disputed that the petitioner is placed at serial no. 4 of the gradation list and is thus due for his promotion to the B.A. trained scale. It is however stated that the decision could not be taken as the office of District Superintendent of Education, Banka was bifurcated and started functioning from June -July 1998, prior to which the work was being done by the common DSE at Bhagalpur. It has been further stated that as the petitioner finds placed at serial no. 4 of the gradation list his claim shall be considered by the District Education Establishment Committee, Banka for promotion the records for which are being obtained from Bhagalpur.

(3.) AFTER considering the facts and circumstances of this case the District Education Establishment Committee, Banka is directed to consider the claim of the petitioner for his promotion to B.A. trained scale within two months of receipt/production of a copy of this order. Needless to say consequential benefits of the decision will also be made available to the petitioner no sooner the decision is taken.