- (1.) THE Court 1. No counter affidavit has been filed by the respondents despite time was allowed to them. Hence, this Court has no option but to dispose of this writ application on the basis of averment made therein.
(2.) THE petitioner joined the services of the respondents as Assistant Teacher in the year 1987. In 1992 a gradation List was prepared of those Assistant teachers who have passed M.A. examination. The petitioners name along with others appeared in the said gradation list and all the Asst. teachers, whose names were placed in the gradation list, have been given promotion ignoring the case of the petitioner on the ground that he was put under suspension. Subsequently the order of suspension was revoked on the ground that the petitioner was exonerated from the charges by the enquiry officer. The petitioner then filed several representations for giving him promotion. The petitioner also moved the Patna High Court in CWJC No. 5742/2000 and the said writ application was disposed on 10.8.2000 with a direction to the respondents to take a final decision on the enquiry report on the next meeting of the Establishment Committee and to consider the petitioners case for promotion as headmaster in accordance with law, specially for the reasons that the petitioner would be superannuated with effect from January. 2001. It is contended by the petitioner that in spite of the direction of this Court coupled with several representations, the case of the petitioner for promotion was not considered and by the time the petitioner has been superannuated. Having regard to the fact that the petitioner filed the instant writ application before superannuation, therefore, this Court can mould the relief by directing the respondents to make payment of all the retirement benefits after giving notional promotion with monetary benefits to the petitioner. I dispose of this writ application with a direction to the respondents to release all the retirement benefits to the petitioner including the monetary benefits after giving notional promotion to the petitioner, if there is no legal Impediment for the reason that person junior to the petitioner have been given promotion. The entire retiral dues together with all momentary benefits shall be released to the petitioner as expeditiously as possible and preferably within two months from the date of receipt of a copy of this order. If the petitioner will have any further grievance, he will be , at liberty to make representation before the concerned authority, who shall consider and dispose of the same by passing a reasoned order.
(3.) DISPOSED of with direction.;