Patna High Court - Orders
Vishnu Lal Kewal Ramani vs The State Of Bihar & Ors on 26 July, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2143 of 2003
VISHNU LAL KEWAL RAMANI son of late C. D. Kewal Ramani, Assistant
teacher posted in G. A. High School Bhagwanpur, Police Station Bhagwanpur
District- Vaishali... Petitioner.
Versus
1. THE STATE OF BIHAR
2. The Commissioner cum Secretary Secondary Primary and Adult Education,
Government of Bihar, Patna.
3. The Director Secondary Education Government of Bihar, Patna.
4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
5. The Bihar Secondary Education Office through its Director ( Secondary
Education ) Bihar, Patna.
6. The Deputy Director Secondary Education Secondary Education Office,
Bihar, Patna.
7. The District Education Officer, Vaishali.
8. The Sub Divisional Education Officer Hajipur, Vaisahli.
... Respondents.
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3. 26.07.2010No one appears for the petitioner. Counsel for the State is also not present.
The petitioner in this writ petition has assailed the order of promotion contained in Annexure-4 dated 16th July 2001 and in this context the prayer of the petitioner reads as follows;
"1.(i) To quash the office order issued vide Memo No. 2739 dated 16.7.2001 by respondent no. 3 The Director Secondary Education as such as the petitioner is concerned by which the petitioner has not been granted promotion to the post of Head Master along with other persons from the date they assume charge of the post of Head Master.
(ii) To give a direction to the respondents to give promotion to the 2 petitioner to the post of Head master with effect from 31.10.94 i.e., from the date his juniors have been granted promotion to the posts of Head masters.
(iii) To give a direction to the respondents to give all consequential reliefs to the petitioner after giving him promotion to the post of Head master with effect from 31.10.94."
As would be apparent that by the impugned order 111 persons were given promotion on the post of Headmaster but the petitioner has not impleaded any of them and has still gone to make a prayer for quashing of the whole order. Obviously, this writ petition suffers from the vice of non-joinder of necessary parties and is accordingly dismissed.
kanchan (Mihir Kumar Jha, J.)