Patna High Court
Diwakar Prasad SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
2/4
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
3/4
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
Checking your session…