Patna High Court
Jagdish RamanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court directed the District Education Officer to finalize the seniority list and process the petitioner's promotion, effectively granting the relief sought.
Summary
The petitioner, a peon employed at Baldev+2 Uchcha Madhyamik Vidyalaya, Kopa, filed a writ petition seeking a mandamus directing the State of Bihar and education officials to promote him to Lower Division Clerk (Class‑III). He contended that his name appeared in a provisional seniority list that had not been finalized, thereby obstructing his promotion. The court examined whether the failure to finalize the seniority list and promote eligible employees violated the petitioner's statutory right to promotion. It ordered the District Education Officer to finalize the seniority/gradation list within six weeks, consider all eligible Class‑IV employees, and issue promotion orders within eight weeks. Accordingly, the petition was disposed with these directions.
Issues considered
- Whether the petitioner is entitled to promotion from Class‑IV to Class‑III under the applicable service rules.
- Whether the delay in finalizing the provisional seniority list justifies issuance of a writ of mandamus.
- Whether the education authorities have a duty to process promotions within a reasonable time.
Subjects
- promotion
- seniority list
- mandamus
- public service
- education department
- class IV
- class III
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2238 of 2026
======================================================
Jagdish Raman S/o Late Dhanpat Ram R/o Village- Pachtakiyadu, P.S.-
Bairgania, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Higher Education, New Secretariat,
Patna.
2. The District Education Officer, Rohtas at Sasaram.
3. The District Program Officer, Establishment, Rohtas at Sasaram.
4. The Headmaster, Baldeo Plus- 2 Uchch Madhyamik Vidyalaya Kopa,
Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadesh Kumar Mishra, Advocate
Ms. Shivani Mishra, Advocate
Mr. Vidhi Shree, Advocate
Mrs. Pragati Singh, Advocate
For the Respondent/s : Mr. Sajid Salim Khan, SC (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(I) For issuance of a writ of mandamus
directing the respondent authorities to grant
promotion to the petitioner from the post of peon to
the post of Lower Division Clerk in his respective
School namely Baldev+2 Uchcha Madhyamik
Vidyalaya, Kopa in the District of Rohtas interalia
the following
(i). Respondent Authorities be directed to
grant promotion from Class-IV post/peon to the
post of Lower Division Clerk with effect from the
Patna High Court CWJC No.2238 of 2026(2) dt.10-02-2026
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respective due date when his juniors have been so
promoted.
(ii). Respondent authorities be directed to grant
promotion to the petitioner with all consequential
benefits as has been given to other similarly
situated employees in the District of Kaimur,
Bhabhua.
3. Learned counsel for the petitioner submits that the
name of the petitioner finds place in the provisional list, which
has till date, not been finalized, owing to which promotions
from Class IV to Class III has not been made.
4. The District Education Officer, Rohtas at Sasaram,
is directed to bring finality to the seniority / gradation list, which
is appended with the writ petition as Annexure-P/3, by resorting
to the procedure prescribed and as also by dealing with the
objections filed by the objectors, pursuant to the publication of
the provisional list, within a period of six weeks, if, the
provisional list so published on 27.02.2025 has yet not been
finalized.
5. The District Education Officer, Rohtas at Sasaram,
after publication of final seniority list, the cases of all eligible
persons, who falls within the zone of consideration for being
promoted from Class-IV to Class-III, their cases shall be
considered and be placed as per their eligibility and seniority,
which would reflect in the final seniority/gradation list, before the
Patna High Court CWJC No.2238 of 2026(2) dt.10-02-2026
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District Establishment Committee and necessary order with
regard to promotion shall be passed within a period of eight
weeks and be communicated to all concerned, in reference to
the rules governing the promotion of the cadre, to which the
petitioner belongs.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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