Disposed¶34

Rajan Kumar v. The State of Bihar

Patna HC19 Feb 2026CWJC/69/2025

Case brief

AI extract

What is this about?

Seniority of employee transferred on own request; GAD Bihar memo no. 11772 dated 20.06.2023; Head Clerk promotion; Divisional Promotional/Screening Committee Bhagalpur Division; promotion orders memo nos. 1028-1030; certiorari and mandamus; representation rejected 21.12.2023; writ disposed with liberty to challenge before appropriate authority; Patna High Court CWJC 2026; no merits adjudicated.

What did the court decide?

Liberty to the petitioner to challenge the Divisional Screening Committee's rejection order dated 21.12.2023 in accordance with law before the appropriate authority; no other relief granted. ¶34

Rajan Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to challenge the Divisional Screening Committee's rejection order dated 21.12.2023 in accordance with law before the appropriate authority; no other relief granted.

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Issue for consideration

Whether the promotion orders (memo nos. 1028, 1029 and 1030) are arbitrary and liable to be quashed for not considering the guidelines in General Administration Department memo no. 11772 dated 20.06.2023 regarding seniority of employees transferred on their own request, whereby the petitioner, though senior, was left out while juniors were promoted as Head Clerk. +2 more

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Ratio / Principle

The writ application was disposed of, permitting the petitioner to challenge the Divisional Screening Committee's order dated 21.12.2023 rejecting his representation, in accordance with law before the appropriate authority. The Court made no findings on the merits of the challenged promotion orders or the claim under memo no. 11772 dated 20.06.2023.

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Detailed headnote1 paragraphs

Writ petition (CWJC No.69 of 2025, Patna High Court, Partha Sarthy, J., decided 19-02-2026) by a Lower Division Clerk seeking certiorari to quash promotion orders contained in memo nos. 1028, 1029 and 1030 issued under the signature of the Regional Deputy Director of Education, Bhagalpur Division (memo no. 1029 dated 25.12.2023), on the ground that the guidelines in General Administration Department, Govt. of Bihar, memo no. 11772 dated 20.06.2023 on seniority of employees transferred on their own request were not considered, and seeking mandamus for promotion as Head Clerk with retrospective seniority and consequential benefits. On respondents' statement that the petitioner's representation had already been rejected by the Divisional Screening Committee on 21.12.2023 (annexed to the counter affidavit), counsel for the petitioner sought liberty to challenge that order; the writ application was disposed of with liberty to approach the appropriate authority in accordance with law. No findings on merits.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.69 of 2025

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Rajan Kumar, Son of Late Umakant Tiwari, Resident of MohallaSachidanand Nagar, Near Aero Drum, Police Station- Tilka Manjhi, DistrictBhagalpur. At present posted and working as a Lower Division Clerk in the office of the District Education Officer, Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar.

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The Additional Chief Secretary-cum-Principal Secretary, Education Department, Govt. of Bihar, Patna.

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The Secretary, Education Department, Govt. of Bihar, Patna.

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The Director, Secondary Education, Education Department, Govt. of Bihar, Patna.

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The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur.

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The District Education Officer, Bhagalpur-cum-the Chairman, Screening Committee Divisional Promotional Committee, Bhagalpur.

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The District Education Officer, Bhagalpur.

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The District Programme Officer (Establishment), Bhagalpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner : Mr. Umesh Kumar Mishra, Advocate For the Respondents : Mr. Ajay Behari Sinha, GA-8 Mr. Neeraj Raj, AC to GA-8 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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4 19-02-2026 Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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The petitioner has filed the instant application for the following reliefs :-

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“I. For issuance of an appropriate writ in the nature of certiorari for quashing the promotion order contained in memo nos. 1028, 1029 and 1030 issued under the signature of the Regional Deputy Director of Education,

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Patna High Court CWJC No.69 of 2025(4) dt.19-02-2026

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2/4

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Bhagalpur Division, Bhagalpur, by which, in a most arbitrary manner, the guidelines contained in memo no. 11772 dated 20.06.2023 issued by the General Administration Department, Govt. of Bihar, which is with regard to seniority of the employees transferred on their own request has been decided, has not at all been considered and the petitioner even though being senior to some of the clerks, who have been promoted on the post of Head Clerk vide memo no. 1029 dated 25.12.2023, has arbitrarily been left out, which is clearly goes to show that there are mass irregularities in the aforesaid promotion orders whereby the guidelines of the General Administration, Bihar, Patna, which has been followed in other Divisions of the State of Bihar and in the Collectorate of Bhagalpur, Patna, Nalanda, Gopalganj, Buxar and Other districts for deciding the seniority, has not at all been considered in the aforesaid promotion orders.

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II. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider and redress the genuine grievance of the petitioner for his promotion on the post of Head Clerk by deciding the seniority in terms of memo no. 11772 dated 20.06.2023 issued by the General Administration Department, Govt. of Bihar with retrospective effect when other similarly situated clerks of divisional cadre, Bhagalpur Division, have been promoted on the post of Head Clerk along with

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Patna High Court CWJC No.69 of 2025(4) dt.19-02-2026 3/4

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all consequential benefits.

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III. For issuance of an appropriate writ as an alternative prayer of the petitioner to dispose of the representation of the petitioner, which is with regard to his promotion on the post of Head Clerk in the Bhagalpur Division, by reasoned and speaking order by ventilating his genuine grievance for his promotion on the said post of Head Clerk as juniors to him has been promoted on the post of Head Clerk whereas, the petitioner has arbitrarily been left out by calculating his seniority from the date of his joining on transferred post which is completely against the aforesaid letter of the General Administration Department, Govt. of Bihar contained in memo no.11772 dated 20.06.2023.

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IV. For issuance of any other appropriate writ/writs, order/orders, direction/ directions for which the petitioner will be found entitled in the facts and circumstances of the case.”

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At the outset, it is submitted by learned counsel for the respondents that the representation/petition of the petitioner was considered by the Divisional Screening Committee, who having considered the case of the petitioner, rejected the same in their meeting held on 21.12.2023, a copy of which has been brought on record as annexure to the counter affidavit filed on behalf of the Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur (respondent no.5).

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Patna High Court CWJC No.69 of 2025(4) dt.19-02-2026 4/4

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