Patna High Court
Sri Niwas SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is disposed with liberty granted to the petitioner to file a representation, and the DEO and District Programme Officer are directed to decide it within prescribed time‑frames.
Summary
The petitioner, Niwas Singh, challenged the order of the District Education Officer, Gopalganj, which refused his claim for promotion as Trained Graduate (effective 01‑04‑1981) and as Headmaster (effective 01‑04‑1985), alleging discrimination and violation of seniority and suitability principles under Promotion Rule‑2011. He sought the setting aside of the DEO's order, equitable promotion, payment of interest on delayed benefits, and costs. The court, noting the limited nature of the prayer, granted the petitioner liberty to file a detailed representation before the DEO and the District Programme Officer within one month and directed that the representation be decided within six months, with a final reasoned order. If the petitioner is found entitled, the relief should be implemented within three months of the final order. The petition was consequently disposed with these procedural directions, without a substantive ruling on the merits.
Issues considered
- The validity of the DEO's order refusing the petitioner's promotion.
- Whether the petitioner's claim of discrimination and seniority violation under Promotion Rule‑2011 warrants setting aside the DEO's order.
- Whether equity considerations can compel retrospective promotion.
- The procedural propriety of granting the petitioner liberty to file a representation and setting timelines for disposal.
Subjects
- promotion
- discrimination
- seniority
- writ petition
- education department
- administrative law
- equity
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 18144 of 2017
======================================================
Sri Niwas Singh Son of Late Ram Briksha Singh, Resident of Village and
P.O.- Manikpur, P.S. and District- Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Education Department,
Bihar, Patna
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh
For the Respondent/s : Mr.S.C.Mishra -Sc16
======================================================
CORAM: HONOURABLE MR JUSTICE ALOK KUMAR SINHA
ORAL ORDER
6 06-01-2026 Heard learned counsel for the petitioner and learned
counsel appearing for the respondent-State.
2 With the consent of parties, the present writ
application is being disposed of at this stage itself.
3 In the present writ application, the petitioner has
prayed for the grant of the following reliefs:
“That the present writ petition is for
setting aside the order passed by the District
Education Officer, Gopalganj refusing his
claim for promotion as Trained Graduate w e
f 01.04.1981 and as Headmaster with
01.04.1985 without considering the points of
equity urged on his behalf in addition to
contention that several persons and identical
junior were promoted and benefit extended to
them discriminating his seniority, suitability
and entitlement to respective post holding that
under promotion rule-2011, there is no
Patna High Court CWJC No.18144 of 2017(6) dt.06-01-2026
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provision regarding retrospective promotion
and the further prayer relates specific
direction for promotion removing the
discrimination and maintaining equity with
status and benefit even notionally and for the
payment of interest on delayed payment after
calculation of entitlement and litigating cost
for unnecessary harassment and for other
necessary relief/reliefs on the basis of facts
and circumstances of case enumerated and
stated hereinafter.”
4 After advancing some argument, learned counsel for
the petitioner submits that for seeking the aforesaid relief, the
petitioner is prepared to file a detailed representation before the
District Education Officer, Gopalganj and the District
Programme Officer (Establishment), Gopalganj within one
month from the date of passing of this order and further prays
that if such a representation is filed, an appropriate direction be
issued to the District Education Officer, Gopalganj and the
District Programme Officer (Establishment), Gopalganj to
dispose of the same within a fixed period of time after giving an
opportunity of hearing to the petitioner.
5 The aforesaid submission made by the learned
counsel for the petitioner is not opposed by the learned counsel
appearing for the respondent-State.
6 Considering the limited nature of prayer made by
the learned counsel for the petitioner, this writ application is
Patna High Court CWJC No.18144 of 2017(6) dt.06-01-2026
3/3
disposed of granting liberty to the petitioner to file an
appropriate representation before the District Education Officer,
Gopalganj and the District Programme Officer (Establishment),
Gopalganj within one month from the date of passing of this
order.
7 If such a representation is filed, the same shall be
considered and disposed of within a further period of six months
from the date of filing the representation, after giving an
opportunity of hearing to the petitioner.
8 Needless to emphasize that the final order which
shall be passed by the authorities should be a reasoned and
speaking order. It is further made clear that in case the
petitioner is found entitled to the relief which the petitioner
would be claiming through the representation, the same should
be extended to the petitioner within a further period of three
moths from the date of passing of the final order.
9 With the aforesaid observation, direction and liberty
granted, the writ petition stands disposed of. Pending
interlocutory application, if any, also stands disposed of.
(Alok Kumar Sinha, J)
M.E.H./-
U
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