Patna High Court
Lal Baboo RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioners to file a detailed representation within four weeks and ordered the District Education Officer to consider the claim and, if justified, grant the promotion and benefits within eight weeks.
Summary
The petitioners, three junior teachers, filed a writ petition seeking a mandamus directing the State of Bihar and education officials to grant them promotion to Headmaster with effect from 31‑12‑2016, as per a Regional Deputy Director of Education order dated 26‑12‑2020. They argued that similarly situated colleagues had already received the benefit and that the lack of guidelines from the Director of Primary Education should not impede their entitlement under the Promotion Rules 2011. The State contended that the petitioners should first file a detailed representation with supporting documents before any order could be issued. The Court held that the petitioners must file such representation within four weeks, after which the District Education Officer should examine the claim in light of the R.D.D.E. direction and, if justified, issue the promotion and related benefits within eight weeks. Accordingly, the writ petition was disposed of with directions for the petitioners to file representation and for the authorities to pass the necessary orders.
Issues considered
- Whether the petitioners are legally entitled to promotion to Headmaster with effect from 31‑12‑2016 under the Promotion Rules 2011 and the R.D.D.E. order.
- Whether the absence of guidelines from the Director, Primary Education, bars the issuance of the promotion order.
- Whether the Court can direct the District Education Officer to pass the promotion order after the petitioners file a representation.
Subjects
- promotion
- mandamus
- education department
- writ petition
- public service
- administrative law
- seniority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.411 of 2026
======================================================
1. Lal Baboo Ray Son of Ram Jinis Ray, Resident of Sri Krishna Bihar Colony,
Bhagwanpur, Police Station- Sadar, District Muzaffarpur.
2. Zaki Alam Son of Mansoor Alam, Resident of Ward no. 33 Zakaria Colony,
Sadpura, Police Station-Mushahari, District- Muzaffarpur.
3. Vinod Paswan Son of Baidyanath Paswan, Resident of Karja P.O- Karja Dih,
P.S- Marwan, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, Education Department, Government of Bihar, Patna
3. The Director, Primary Education, Bihar, Patna
4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
5. The District Education Officer, Muzaffarpur
6. The District Programme Officer (Establishment) Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar, Adv.
For the Respondent/s : Mr.Government Pleader (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 13-01-2026 Heard learned counsel for the parties.
2. The writ petition has been filed for the following
reasons:-
“1. That this is an application for issuance of a Writ
in the nature of mandamus commanding and directing
the respondents authorities to grant and shift the date
of promotion on the post of Headmaster to the
petitioners with effect from 31/12/2016 pursuant to the
direction of the Regional Deputy Director of Education
(R.D.D.E), Tirhut Division, Muzaffarpur issued Vide an
Office order contained in Memo No. 1206 dated
Patna High Court CWJC No.411 of 2026(2) dt.13-01-2026
2/4
26/12/2020 with all consequential monetary as well as
other benefits with effect from 31/12/2016 as the
similar benefits have been given to the other similarly
situated junior persons in terms of the similar direction
of the R.D.D.E Tirhut Division, Muzaffarpur. And for
which the petitioners are legally entitled to in terms of
the Promotion Rule 2011.
And/or issue any other appropriate
Writ/Writs, direction/directions, order/orders for which
the petitioners may be found legally entitled to in the
facts and circumstances stated hereunder.”
3. Counsel for the petitioners, by referring to
Annexure-P/4 submits that in view of Annexure-P/6, which is
said to have been passed by Regional Deputy Director of
Education, Tirhut Division, Muzaffarpur in compliance of the
direction issued by the Co-ordinate Bench of this Court vide
order dated 10.01.2020 passed in CWJC No. 25767 of 2019, the
claim of the petitioners is said to have been adjudicated but, for
want of necessary guidelines from the Director, Primary
Education, Education Department, the necessary orders with
regard to promotion on the post of Headmaster to the petitioners
with effect from 31.12.2016 pursuant to the directions issued by
the Regional Deputy Director of Education as contained in
Memo No. 1206 dated 26.12.2020, with all consequential
monetary benefit, could not be made.
4. Learned counsel for the petitioners, at this stage,
Patna High Court CWJC No.411 of 2026(2) dt.13-01-2026
3/4
submits that for no obvious reason, the similarly situated
persons have already been extended the benefit vide Annexure-
P/4, which is the office order so issued is contained in Memo
No. 6489 dated 28.12.2017 and there is no mention that with
respect to grant of such promotional benefits with effect from
31.12.2016, any such guidelines were sought from the Director,
Primary Education.
5. Counsel for the State submits that the petitioners
may be directed to file appropriate representation with regard to
their entitlement, appending all necessary documents within a
period of four weeks from today and, on filing of such
representation, the District Education Officer, Muzaffarpur
would be obliged to pass necessary orders, strictly in
consonance with the decision so taken with respect to the
similarly situated persons, by shifting the date of promotion
from the date of their entitlement for which necessary direction
are said to have been issued by the Regional Deputy Director of
Education, Tirhut Division, Muzaffarpur.
6. Considering the submission of the parties, the
petitioners are directed to file detailed representation within a
period of four weeks from today and, on filing of such
representation, the District Education Officer, Muzaffarpur shall
Patna High Court CWJC No.411 of 2026(2) dt.13-01-2026
4/4
examine the claim of the petitioners in the light of the direction
issued by the Regional Deputy Director of Education, Tirhut
Division, Muzaffarpur and, on finding the claim to be justified
and at par with the other similarly situated persons, necessary
order, extending benefits, shall also be issued in favour of the
petitioners by shifting the date of promotion to the date which is
allowed in favour of the petitioners by the Regional Deputy
Director of Education, Tirhut Division, Muzaffarpur.
7. All such necessary orders shall be passed within a
period of eight weeks from the date of filing of the
representation by the petitioners.
8. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
U
Checking your session…