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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Prakash Kumar, S/o Arun Kumar Arun – Appellant
Versus
State of Bihar, through the Additional Chief Secretary, Education Department, Government of Bihar, Patna – Respondent
JUDGMENT :
Purnendu Singh, J.
Heard Mr. Mrityunjay Kumar, learned counsel along with Mr. Mukesh Kumar Singh and Mr. Arinjay Kumar, learned counsel appearing on behalf of the petitioners and learned SC-18 for the State.
2. The petitioners in paragraph no. 1 of the present writ petition have sought, interalia, following relief(s), which is reproduced hereinafter:-
“For issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction to the respondent authorities to consider and grant time bound promotion to the petitioners upon completion of twelve (12) years satisfactory service on the post of Basic Grade Trained Block / Panchayat Teacher to the next pay scale of Graduate Grade Trained Teacher since the due date of promotion with all consequential service benefits including arrear of differences of salary, according to the provisions contained under the Rule 16(ii) of the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020.
(ii) Further, for any other order / order (s) as your Lordships may found fit and proper under given facts and circumstances of the case.”
3. Altogether twelve
Time-bound promotion for teachers after 12 years of service is a fundamental right and compulsory under state rules, ensuring compliance with equality principles in the Constitution.
The promotion rights of teachers must be adhered to according to their respective service conditions, ensuring compliance with state regulations while respecting natural justice and constitutional pr....
Promotions cannot be annulled without an adverse order from prior litigation, reaffirming principles of legal continuity and procedural fairness.
The court upheld the validity of recruitment rules allowing equal competition between Graduate and Primary Teachers for promotional posts, asserting no violation of constitutional rights with efficie....
The settlement of disputes related to teachers’ training and the finalization of the seniority list are crucial for determining entitlement to promotion under the relevant rules.
The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties co....
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
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