Patna High Court

Amrendra Mohan DasversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The court ordered the Regional Deputy Director of Education to consider the petitioner's representation and pass a reasoned order within 90 days, without granting retrospective promotion.

Summary

The petitioner, Amrendra Mohan Das, filed a writ petition seeking promotion effective from 18 March 1996, relying on a representation dated 4 January 2025. The State argued that promotion takes effect only from the date it is actually granted, citing consistent Supreme Court and Patna High Court rulings, and noted that the petitioner had already received a conditional promotion in 2017. The petitioner contended that his representation had not been adequately addressed and that he was entitled to retrospective promotion. The court examined whether a promotion can be backdated to the vacancy date and whether the earlier conditional promotion precludes a retrospective claim. It held that the matter required factual determination by the education authority and therefore directed the Regional Deputy Director of Education to consider the representation and issue a reasoned order within 90 days. Consequently, the writ petition was disposed without granting the relief sought.

Issues considered

Whether a promotion can be granted retrospectively from the date a vacancy arose rather than the date of actual grant.
Whether the petitioner is entitled to promotion despite having received a conditional promotion earlier.
Whether the representation filed by the petitioner must be considered by the education authority.

Subjects

promotion
retrospective promotion
civil service
writ petition
representation
education department
Bihar

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8627 of 2025
     ======================================================
     Amrendra Mohan Das Son of Late Lalit Narayan Das Resident of Village-
     Hanuman Nagar, P.S.- Raghopur, P.O.-Haripur Via-Siyaram Rhaghopur,
     District-Supaul, PIn Code- 852111.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Education Department,
     Government of Bihar, Main Secretariat, Patna.
2.   The Joint Secretary, Education Department, Government of Bihar, Main
     Secretariat, Patna.
3.   The Regional Deputy Director of Education, Koshi Paramandi, Saharsha,
     District-Saharsha.
4.   The Distirct Education Officer, Saharsa.
5.   The Distirct Education Officer, Supaul.
6.   The District Education Officer, Madhepura.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Ms.Shilpi Keshri, Advocate
     For the State          :      Mr. Rajesh Kumar Singh, GA-10
                                   Mr. Jitendra Kumar, AC to GA10
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                         ORAL JUDGMENT
      Date : 27-04-2026
                Heard learned counsel appearing for the petitioner and

      learned counsel appearing for the State.

                    2. The present writ petition has been filed for grant of

      promotion to the petitioner.

                    3. Learned counsel appearing for the petitioner

      submits that the petitioner is entitled to promotion with

      effect from 18.03.1996, and in this regard, he has already

      filed a representation dated 04.01.2025, as contained in

      Annexure P/12 to the writ petition.
Patna High Court CWJC No.8627 of 2025 dt.27-04-2026
                                           2/3




                     4. On the other hand, learned counsel for the State

         submits that grant of promotion takes effect from the date it

         is actually granted and not from the date when a vacancy

         arises on the concerned post or when the post itself is

         created. It is further submitted that this position has

         consistently been upheld by the Hon’ble Supreme Court as

         well as the Hon’ble Patna High Court. Learned counsel

         further submits that since the petitioner has already been

         granted conditional promotion (subject to the outcome of

         S.L.P. No. 29770 of 2015) vide Memo No. 1026 dated

         13.06.2017,        the     petitioner’s      claim   for    retrospective

         promotion with effect from 18.03.1996 is misconceived.

                     5. In reply, learned counsel for the petitioner

         submits that a detailed representation has already been filed

         by the petitioner, as contained in Annexure P/12 to the writ

         petition, and the issues raised therein have not been

         adequately addressed in the counter affidavit.

                     6. In the aforesaid background, respondent no. 3,

         namely, the Regional Deputy Director of Education, Koshi

         Pramandal,         Saharsa,       is    directed     to    consider   the

         representation dated 04.01.2025, as contained in Annexure
             Patna High Court CWJC No.8627 of 2025 dt.27-04-2026
                                                        3/3




                      P/12 to the writ petition, by passing a reasoned and

                      speaking order within a period of 90 days from the date of

                      receipt/production of a copy of this order.

                                  7. With the aforesaid observation and direction,

                      the writ petition stands disposed off.


                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          28.04.2026
Transmission Date       NA

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