Amrendra Mohan Das Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Amrendra Mohan Das Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 3 (Regional Deputy Director of Education, Koshi Pramandal, Saharsa) to consider the representation dated 04.01.2025 (Annexure P/12) and pass a reasoned and speaking order within 90 days from receipt/production of a copy of the order; with the aforesaid observation and direction, the writ petition stands disposed off.

Issue for consideration

Whether the petitioner is entitled to promotion with effect from 18.03.1996 (i.e., retrospectively from the date of vacancy/post creation) pursuant to his representation dated 04.01.2025. +1 more

Court's answer

This Court directed respondent no. 3, namely the Regional Deputy Director of Education, Koshi Pramandal, Saharsa, to consider the petitioner's representation dated 04.01.2025 (Annexure P/12 to the writ petition) and to pass a reasoned and speaking order within a period of 90 days from the date of receipt/production of a copy of this order.

Detailed headnote1 paragraphs

Promotion - claim for retrospective promotion with effect from 18.03.1996 - petitioner, an employee under the Education Department, Government of Bihar, had filed a representation dated 04.01.2025 (Annexure P/12) seeking such promotion. State contended that promotion takes effect from the date it is actually granted and not from the date a vacancy arises or the post is created, a position said to be consistently upheld by the Hon'ble Supreme Court and the Hon'ble Patna High Court, and that the petitioner had 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, rendering the claim for retrospective promotion misconceived. Without deciding entitlement, the Patna High Court (Dr. Anshuman, J.) directed respondent no. 3, the Regional Deputy Director of Education, Koshi Pramandal, Saharsa, to consider the representation dated 04.01.2025 and pass a reasoned and speaking order within 90 days from receipt/production of a copy of the order; with the aforesaid observation and direction, the writ petition stood disposed off.

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 VillageHanuman Nagar, P.S.- Raghopur, P.O.-Haripur Via-Siyaram Rhaghopur, District-Supaul, PIn Code- 852111.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Main Secretariat, Patna.

The Joint Secretary, Education Department, Government of Bihar, Main Secretariat, Patna.

The Regional Deputy Director of Education, Koshi Paramandi, Saharsha, District-Saharsha.

The Distirct Education Officer, Saharsa.

The Distirct Education Officer, Supaul.

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.

The present writ petition has been filed for grant of promotion to the petitioner.

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

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.

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.

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.

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