Anil Kumar Ram vs The State Of Bihar
2023 Latest Caselaw 844 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12340 of 2022
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Anil Kumar Ram Son of Subhash Chandra Ram, Resident of Village - Raun, Police Station - Alouli, District - Khagaria.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2. The Director Primary Education, Govt. of Bihar, Patna.

3. The District Education Officer, Khagaria.

4. The District Programme Officer Establishment, Khagaria.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Sweta Raj, Advocate For the Respondent/s : Mr. Prabhakar Jha, GP-27 Mr. Umesh Narayan Dubey, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 20-02-2023

Heard the parties.

2. Learned counsel for the petitioner as well as learned

counsel for the respondents are agreeable that the issue stands

finally adjudicated in terms of the judgment passed by a Full

Bench of this Court in CWJC No. 11255 of 2016 dated

22.08.2019 (Ramashankar Patel and Ors. vs. The State of Bihar

and Ors.). The petitioner passed Sahitya Alankar in the year

1992. In Ramashankar Patel (supra) the Full Bench has held as

under:

"46. In terms of the notification of the Patna High Court CWJC No.12340 of 2022 dt.20-02-2023

General Administration Department as contained in Memo No. 541 dated 11th January, 1991 the Sahitya alankar certificate had got equivalence to the graduation at least prior to 25.08.2008, therefore, those writ petitioners who obtained their Sahitya alankar degree from Hindi Vidyapeeth, Deoghar prior to 25.08.2008 would come within the framework of the notification dated 11th January, 1991 and shall be entitled for consideration for promotion to B.A. (Trained) Scale. By virtue of the notification dated 08.04.2016, the promotions granted between 07.05.2012 and 08.04.2016 have been saved. Further by notification dated 17.04.2017 now even the degree obtained prior to 07.05.2012 and the appointment/promotion granted between 07.05.2012 and 08.04.2016 have been saved. In these circumstances the petitioners no. 4, 7 and 15 shall also be entitled for the benefits because in both cases i.e. notification dated 08.04.2016 and notification dated 17.04.2017 the State respondents cannot contend that while the promotions granted to the persons junior to the petitioners in the gradation list between 07.05.2012 and 08.04.2016 shall be saved, the petitioners would not be entitled for the same. This would be discriminatory because once equivalence granted to Sahitya alankar degree obtained from Hindi Vidyapeeth, Deoghar prior to 07.05.2012 is saved it will save the petitioners who have their Sahitya alankar degree obtained prior to 07.05.2012. They would be entitled to maintain their position in the seniority list and in case juniors to them have been granted promotion in terms of B.A. (Trained) Scale, these Patna High Court CWJC No.12340 of 2022 dt.20-02-2023

petitioners shall also be entitled for the same from the date their juniors have received the benefit."

3. Keeping in view the above, this writ petition is

allowed in the aforesaid terms.

(Sanjeev Prakash Sharma, J) Amrendra/-

Item no. 14
AFR/NAFR
CAV DATE
Uploading Date           21.02.2023
Transmission Date