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Patna High Court

Diwakar Prasad SinghversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court held that, in view of the limited prayer, it would direct the District Programme Officer to dispose of the pending representation within three months, after hearing, without entertaining the broader mandamus claim for promotion benefits.

Summary

Diwakar Prasad Singh, a retired assistant teacher, filed a writ petition seeking a mandamus directing the State of Bihar and its education officials to grant him the benefits of a second time‑bound promotion, which he alleged were denied to him while similarly situated teachers received them. He also sought direction for the District Programme Officer (Establishment), Siwan, to dispose of his pending representation dated 8 June 2015. The State officials raised no objection to the limited relief sought. The Patna High Court, with the parties' consent, disposed of the writ by directing the District Programme Officer to decide the pending representation within three months, after giving the petitioner a hearing and issuing a reasoned order. No order was made on the broader claim for promotion benefits.

Issues considered

  • Whether the petitioner is entitled to the benefits of a second time‑bound promotion under the State Government policy.
  • Whether a writ of mandamus can be issued directing the State authorities to grant such promotion benefits.
  • Whether the District Programme Officer must dispose of the petitioner’s pending representation within a specified time.

Subjects

  • second time bound promotion
  • mandamus
  • writ jurisdiction
  • representation disposal
  • educational service retirement
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.11243 of 2015
                 ======================================================
                 Diwakar Prasad Singh son of late Govind Prasad Singh, resident of village
                 and P.O. Sisayee, Police Station- Goreyakothi, District- Siwan, retired while
                 working as assistant teacher Incharge Head Teacher from Govt. Kanya
                 Primary School Madhopur, Anchal Maharajganj, District- Siwan.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.     The State Of Bihar
           2.    The Director, Primary Education, Bihar, Patna.
           3.    The District Magistrate, Siwan.
           4.    The District Education Officer, Siwan.
           5.    The District Programme Officer Establishment, Siwan.
           6.    The District Tresury Officer, Siwan.
           7.    The District Accounts Officer, Siwan.
           8.    The Block Education Officer, Maharajganj, District Siwan.
           9.     The Headmaster cum Drawing and Disbursing Officer, Govt. Kanya Primary
                  School Madhopur, Anchal Maha
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Umesh Kumar Mishra, Advocate
                 For the Respondent/s   :       Mr.Sc12-P.K.Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

8   16-01-2026                    Heard learned counsel for the petitioner and learned

                   counsel appearing on behalf of the respondent-State.

                                2. With consent of the parties, the present writ

                   application is being disposed of at this stage itself.

                                3. The petitioner has prayed for grant of following

                   relief :-

                                          “1. (i) For issuance of appropriate
                               writ in the nature of mandamus for commanding
                               and directing the respondent authorities
                               concenred to provide the benefits of second time
                               bound promotion and its differences of monetary
Patna High Court CWJC No.11243 of 2015(9) dt.16-01-2026
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                     benefits to the petitioner as several similarly
                     situated teachers have been given second time
                     bound promotion after completion of 25 years of
                     service with all monetary benefits whereas the
                     petitioner has been denied till date.
                                 (ii) For issuance of an appropriate
                     writ in the nature of mandamus for commanding
                     and directing the respondent authorities
                     concerned to provide the benefit of second time
                     bound promotion to the petitioner since due date
                     in accordance with policy decision of the State
                     Government as he has retired from service, but
                     till date the benefit of second time bound
                     promotion has not been provided to the
                     petitioner, whereas similarly situated employees
                     of the State Govt. have been given the benefit of
                     second time bound promotion.
                                 (iii) For issuance of an appropriate
                     writ in the nature of mandamus for commanding
                     and directing the respondent District Education
                     Officer, Siwan /District Programme officer
                     (Establishment), Siwan to dispose of the
                     representation of the petitioner dated 11.6.2015,
                     which is being sent through registered post with
                     his genuine grievances by a reasoned order.
                                 (iv) For issuance of any other
                     appropriate         writ/writs.       order/orders,
                     direction/directions for which the writ petitioner
                     will be found entitled in the facts and
                     circumstances of the case.
                      4. After advancing some argument, learned counsel

          for the petitioner submits that for the aforesaid relief claimed in

          the present writ application, the petitioner has already filed a

          representation       before      the    District   Programme     Officer

          (Establishment) Siwan way back on 08.06.2015 (Annexure-4)

          but till date the same has not been disposed of by the District
Patna High Court CWJC No.11243 of 2015(9) dt.16-01-2026
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          Programme officer (Establishment), Siwan.               He accordingly

          prays that the petitioner would be satisfied if an appropriate

          direction could be issued by this Court for disposing of the

          pending representation of the petitioner after giving an

          opportunity of hearing to the petitioner within a fixed time

          frame.

                        5. To the aforesaid submissions made by learned

          counsel for the petitioner, learned counsel appearing on behalf

          of the respondent-State do not have any objection.

                        6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          stands disposed of directing the District Programme Officer

          (Establishment), Siwan to dispose of the pending representation

          of the petitioner dated 08.06.2015 (Annexure-4) within a period

          of three months from the date of receipt / production of a copy

          of this order after giving an opportunity of hearing to the

          petitioner.

                        7. Needless to emphasize that the final order which

          shall    be     passed     by     the    District   Programme   Officer

          (Establishment), Siwan should be reasoned and speaking order.

                        8. With the aforesaid observation/direction and liberty

          granted, the present writ application stands disposed of.
            Patna High Court CWJC No.11243 of 2015(9) dt.16-01-2026
                                                        4/4




                                  9. All pending I.A.s, if any, is deemed to have been

                      disposed of.



                                                                (Alok Kumar Sinha, J)
sanjeev/-

U


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