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Patna High Court

Lal Baboo RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                          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
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                    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


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