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2006 DIGILAW 361 (PAT)

Upendra Mohan Sinha v. State Of Bihar

2006-04-21

NARAYAN ROY

body2006
Judgment 1. Heard counsel for the parties. 2. Both these writ applications since are connected to each other and substantially common questions of facts and law are involved, they have been heard together and are being disposed of by this common order. 3. In C.W.J.C. No. 1995 of 2001, the petitioner has challenged the gradation list dated 3.1.2000 and also for quashing the order dated 22.1.2001 whereby and whereunder Director, Secondary Education observed that it would not be appropriate to decide the question of seniority. However, the order dated 11.8.2000 was set aside whereby and whereunder the petitioner Jugeshwar Jha was shown senior to the petitioner of C.W.J.C. No. 10659 of 2001. The petitioner of C.W.J.C. No. 10659 has challenged Annexure 12 dated 26.5.2001 whereby and whereunder he was directed to handover charge to Jugeshwar Jha, the seniormost teacher of the school. 4. Precisely, in both the writ applications, the question of seniority of the petitioners is involved. Petitioner Jugeshwar Jha claims to be senior to Upendra Mohan Sinha, the writ petitioner of another case whereas there is rival claim of petitioner Upendra Mohan Sinha. It is pointed out that Upendra Mohan Sinha was placed at serial number 667 in the gradation list whereas the petitioner Jugeshwar Jha was shown much below him i.e. at serial number 683 but still then, necessary directions have been issued vide order as contained in Annexure 12 showing the petitioner Jugeshwar Jha senior to the petitioner Upendra Mohan Sinha. 5. From the materials on record, it appears that the Director, Secondary Education vide order as contained in Annexure 8 of C.W.J.C. No. 10659 of 2001 held Jugeshwar Jha senior to Upendra Mohan Sinha whereas vide order as contained in Annexure 11 he has set aside the earlier order leaving the matter as it is, meaning thereby that the gradation list was not disturbed. 6. A question, now, has arisen as to whether petitioner Jugeshwar Jha or petitioner Upendra Mohan Sinha is senior. From Annexure 11 of C.W.J.C. No. 10659 of 2005 it appears that there are certain shortcomings in the gradation list and, therefore, the Director has shown his inability to take a decision in the matter but at the same time he confirmed the senirority of the petitioner as per seniority list. 7. From Annexure 11 of C.W.J.C. No. 10659 of 2005 it appears that there are certain shortcomings in the gradation list and, therefore, the Director has shown his inability to take a decision in the matter but at the same time he confirmed the senirority of the petitioner as per seniority list. 7. Now to desolve the controversy which has arisen in these two matters, in my opinion, the matters should be examined in extenso by the Secretary of the department, respondent no. 1. 8. The Secretary, Department of Secondary Education, Government of Bihar, Patna is thus directed to examine and decide the claims of the petitioners after due notice to them and also after hearing the concerned State respondents. This exercise, however, should be completed by the Secretary of the department within a period of six months from the date of receipt/production of a copy of this order. 9. With the aforesaid observation/direction, these applications are disposed of.