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Patna High Court

Kumar AmreshversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the Registrar of L.N. Mithila University must consider the petitioner’s representation and decide on his promotion within ten weeks, applying the principle of equal treatment for identically situated employees.

Summary

The petitioner, a correspondence clerk appointed on compassionate grounds to a Class‑IV post and later adjusted to a Class‑III post, passed the written test for promotion to Upper Division Clerk but had not been promoted, whereas similarly situated employees had been. He alleged discrimination and invoked Clause 4(c) of the Bihar State Litigation Policy, which mandates equal benefits for identically situated employees. The university contended that the matter was pending before its internal authority and should be decided there. The court examined prior judgments ordering similar promotions and held that the petitioner must be given a fair opportunity for promotion. Accordingly, the court directed the Registrar of L.N. Mithila University to consider the petitioner’s representation and issue a final decision within ten weeks, with a reasoned order if promotion is denied. The writ petition was disposed with this directive.

Issues considered

  • Whether an employee appointed on compassionate grounds is entitled to promotion after passing the requisite written test.
  • Whether the Bihar State Litigation Policy Clause 4(c) obliges the university to grant promotion to identically situated employees.
  • Whether the court can direct the university to decide the promotion matter within a specified time.

Subjects

  • promotion
  • equal treatment
  • state litigation policy
  • compassionate appointment
  • discrimination
  • writ jurisdiction
  • public service employment

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.423 of 2026
     ======================================================
     Kumar Amresh S/o Late Lalit Kumar Yadav, resident of - Kirtan Bhagan
     Road, District - Madhubani. Presently posted as Correspondence Clerk at
     R.K. College, Madhubani.

                                                         ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Additional Chief Secretary, Education
     Department, Govt. of Bihar, Patna.
2.   The Additional Chief Secretary, Education Department, Govt. of Bihar,
     Patna.
3.   The Director, Higher Education, Education Department, Govt. of Bihar,
     Patna.
4.   The Vice Chancellor, L.N. Mithila University, Darbhanga.
5.   The Registrar, L.N. Mithila University, Darbhanga.
6.   The Finance Officer, L.N. Mithila University, Darbhanga.
7.   The Principal, Ram Krishna College, Madhubani.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Shashi Bhushan Singh, Adv.
                                   Mr. Ritesh Ranjan, Adv.
     For the Respondent/s   :      Mr. Government Advocate (11)
     For the LNMU           :      Mr. Bindhyachal Rai, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 19-01-2026

                    Heard the parties.

                    2. The petitioner was duly appointed against a Class-

      IV post on compassionate ground vide Memo No. 6506-6639/05

      dated 08.05.2005; subsequently in the light of the order passed

      by this Court in CWJC No. 11361 of 2007, he has been adjusted

      against the Class-III post, on being found having proper

      qualification for the said post.

                    3. The grievance of the petitioner is in limited bound
Patna High Court CWJC No.423 of 2026 dt.19-01-2026
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         to the extent that despite having successfully passed the written

         test examination for promotion from the post of Lower Division

         Clerk to Upper Division Clerk w.e.f. due date, in view of the

         order dated 16.12.2018 passed in CWJC No. 18985 of 2017

         read with Clause 4(c) of the Bihar State Litigation Policy, till

         date no decision has been taken whereas, other identically

         situated persons, who have approached this Court, they have

         been promoted to the higher post and, as such, discrimination

         has been caused and the petitioner has been compelled to

         approach this Court.

                     4. Mr. Shashi Bhushan Singh, learned Advocate for

         the petitioner submitted that the claim of the petitioner has not

         been considered for promotion, despite having duly qualified in

         the written test, merely on the ground that the petitioner was

         duly appointed on compassionate ground.

                     5. Once a person has been appointed in the service of

         the University, he became an employee of the same and hence,

         he has to be given equal treatment vis-a-vis other Class-IV

         employees and has to be considered for all benefits under the

         Rule available to the Class-IV employees. To support the

         aforesaid contention, reference has been made to the order

         passed by this Court in CWJC No. 8532 of 2008. It is further
Patna High Court CWJC No.423 of 2026 dt.19-01-2026
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         contended that identically situated person, who have been

         deprived from promotion from lower post to higher post, despite

         having been passed the written test, they have approached this

         Court by filing different writ petitions, including CWJC No.

         18985 of 2017 and CWJC No. 5147 of 2018, they have been

         extended promotion in the light of the order passed by this

         Court.

                     6. The University, who is a State within the definition

         of Article 12 is bound to follow the State Litigation Policy

         especially Clause 4(c)(i) thereof, that in case the benefit of

         covered matter has been extended to certain employees, the

         similar benefits should be given to all such employees, who are

         identically situated. For redressal of the grievance, the petitioner

         has also filed representation before the Registrar, Lalit Narayan

         Mithila University, Darbhanga; the copy of which is placed on

         record as Annexure-P/16. However, till date, no final decision

         has been taken.

                     7. Learned Advocate for the University and the State

         fairly submitted that since the petitioner has already approached

         before the concerned authority, who is competent in this behalf

         and take a final decision.

                     8. Having considered the submissions advanced by
             Patna High Court CWJC No.423 of 2026 dt.19-01-2026
                                                        4/4




                      learned Advocate for the respective parties and taking note of

                      the aforesaid facts, the present writ petition stands disposed off

                      with a direction to the Registrar, Lalit Narayan Mithila

                      University, Darbhanga to consider the representation of the

                      petitioner, especially in the light of the order of this Court,

                      referred hereinabove and take a final decision, preferably within

                      a period of ten weeks, from the date of receipt/production of a

                      copy of this order.

                                  9. While disposing the writ petition, the respondent

                      authorities are also obliged to keep in mind that as to whether

                      the case of the petitioner is identical to those, who have been

                      accorded promotion, in terms with the order of this Court. In

                      case the petitioner is not suited, the decision must be followed

                      by a reasoned and speaking order.

                                  10. Accordingly, the writ petition stands disposed off.




                                                  (Harish Kumar, J)
shivank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.01.2026
Transmission Date       NA


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