Patna High Court
Ashok Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not decide the substantive rights of the petitioners but ordered the respondent authority to pass a reasoned order on their representation within 90 days, and disposed of the petition.
Summary
The petitioners, a group of government employees serving as Vice‑Principals in Bihar ITIs, filed a writ petition seeking a mandamus directing the Labour Resources Department to grant them regular promotion to the post of Principal (Level‑11) and to regularise their earlier promotion to Vice‑Principal, which had been issued as a temporary work‑in‑charge arrangement. They argued that they satisfied the 25% vacancy quota and had completed the requisite service period, and that a prior policy memo (Memo No. 5066 dated 11‑04‑2019) should not bar their claim. The State raised a preliminary objection that the policy had already rejected such claims. The Court, without adjudicating the merits, directed the Principal Secretary, Labour Resources Department, to issue a reasoned order on the petitioners' representation within 90 days. Consequently, the writ petition was disposed of pending the authority's compliance with the Court’s direction.
Issues considered
- Whether the petitioners are entitled to regular promotion to Principal (Level‑11) under the 25% vacancy quota.
- Whether the promotion to Vice‑Principal granted by Memo No. 01/13/2023…95 dated 28‑12‑2023 should be treated as regular and not merely a temporary work‑in‑charge arrangement.
- Whether the earlier policy memo (Memo No. 5066 dated 11‑04‑2019) bars the petitioners' claim for promotion.
Subjects
- promotion
- mandamus
- administrative law
- government service
- temporary appointment
- regularisation
- Labour Resources Department
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8697 of 2024
======================================================
1. Ashok Kumar Ram Shio Prasad Ram, Resident of Village and P.O.
Ramgarh, P.S.- Siswan, District- Siwan, Bihar.
2. Sheo Shanker Kumar Kanaugia, Son of Late Ram Lochan Baitha, Resident
of Village and P.O. - Tinkoni, P.S.- Darpa, District - East Champaran, Bihar.
3. Savita Kumari, Wife of Arvind Kumar Arun, Resident of House No. 9, Road
No. 5. Mohalla- Indrapuri, P.S.- Patliputra, District Patna, Bihar.
4. Sanjeev Kumar, Son of Nageshwar Mandal, Resident of Mohalla Mica
Colony. P.S.- Digha, District-Patna, Bihar.
5. Sanjit Kumar, Son of Ayodhya Lal, Resident of Village- Chandi Asthan,
P.S.- Amas, District- Gaya, Bihar.
6. Lalan Ram, Son of Late Jangali Ram, Resident of Village - Gopalpur Neura,
P.S.- Saraiya, District-Muzaffarpur, Bihar.
7. Kumar Anand, Son of Late Thakur Prasad Singh, Resident of Village Sanha
Naya Tola, P.S.- Sahebpur Kamal, District - Begusarai, Bihar.
8. Baijanath Prajapati, Son of Late Mahavir Ram Prajapati, Resident of Village
Mohitpur, P.S.- Seraikella, District - Seraikella- Kharsawn, Jharkhand.
9. Rakesh Paswan, Son of Late Munshi Ram, Resident of Village- Barki Tand,
P.S.- Dugda, District Bokaro, Jharkhand.
10. Ranjeet Kumar Kushwaha, Son of Late Bijali Mahto Resident of Village-
Purani Bazar, Narkatiyaganj, P.S.- Sikarpur, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Labour Resources
Department, Govt. of Bihar, Niyojan Bhawan, Bailey Road, Patna.
2. The Special Secretary, Labour Resources Department, Bihar, Patna.
3. The Deputy Secretary, Labour Resources Department, Bihar, Patna.
4. The Under Secretary, Labour Resources Department, Bihar, Patna.
5. The Director, Directorate of Employment and Training, Bihar, Patna.
6. The Additional Chief Secretary, General Administration Department, Bihar,
Patna.
7. The Labour Resources Department, Govt. of Bihar through the Principal
Secretary, Labour Resources Department, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Pankaj, Advocate
For the Respondent/s : Mr. Addl. Advocate General 4
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and learned
Patna High Court CWJC No.8697 of 2024(2) dt.05-02-2026
2/4
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For necessary direction in the nature
of writ of Mandamus commanding
respondent authorities to grant regular
promotion to the petitioners' w.e.f. the
availability of the vacancy and
completion of time period, on the post of
Principal (Level-11) with all
consequential benefits, as the
petitioners are presently posted and
discharging the duties on the post of
Vice- principal (Level -9) in different
government Industrial Training
Institutes (Hereinafter, referred as ITI's)
of Bihar having become eligible in all
respect with respect to their quota of
25% vacancies earmarked to be filled
amongst the Vice- Principals of it is
running under the Directorate of
Employment & Training of respondent
Labour Resources Department.
II. For necessary direction in the nature
of writ of Mandamus commanding
respondent authorities to treat the
promotion of the Petitioners to the post
of Vice-principal granted vide
Notification contained in Memo No.
Patna High Court CWJC No.8697 of 2024(2) dt.05-02-2026
3/4
01/13/2023...95 dated 28.12.2023
(Annexure - P/1) as regular and not as
"temporary work arrangement in-
charge capacity" since the Petitioners
have already completed much more than
requisite time period required for the
promotion to the post of Vice-principal
(Level -9) from the post of Group
Instructor (Level-7).
III. For the issuance of writ in the
nature of writ of Certiorari to modify
the Notification contained in Memo No.
01/13/2023...95 dated 28.12.2023
(Annexure - P/1) to the extent whereby
the Petitioners despite being eligible in
all aspect has been granted promotion
to the post of Vice-principal as
"temporary work arrangement in-
charge capacity".”
3. Learned counsel for the State raised a preliminary
objection and submits that as a policy matter, the claim of the
petitioners and other similarly situated person has already been
rejected and in this regard, an order has also been passed
contained in Memo No. 5066 dated 11.04.2019 (annexed as
Annexure-A to the counter affidavit).
4. In response thereof, learned counsel for the
Patna High Court CWJC No.8697 of 2024(2) dt.05-02-2026
4/4
petitioners submit that the petitioners have filed several
representations before the authorities, but the matter remains
stand still. The petitioners’ Association has also filed
representation dated 19.01.2024 (annexed as Annexure-P/5 of
the writ petition), which was received in the office on
22.01.2024, but on the said representation, no decision has been
taken as yet.
5. In the light of the submissions made and without
entering into the merit or demerit of the case, this Court hereby
directs the Principal Secretary, Labour Resources Department,
Government of Bihar, Patna to pass a reasoned and speaking
order on the petitioners’ representation (annexed as Annexure-
P/5 of the writ petition), within 90 days from the date of
production of a copy of this order.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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