Patna High Court
Uma Shankar vs The State Of Bihar on 18 August, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12873 of 2025
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Uma Shankar Son of Late Jawahar Lal Pandey, Resident of Mohalla- Ganjpar
(Mahavir Chowk), P.O. and Police Station- Barbigha, District- Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Director, Secondary Education, Education Department, Government of
Bihar, Patna.
3. The District Education Officer, Sheikhpura.
4. The District Programme Officer, (Establishment), Sheikhpura.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ram Sagar Singh, Advocate
For the Respondent/s : Mr. Standing Counsel (7)
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 18-08-2025
Heard the parties.
2. The petitioner has approached this Court seeking
a direction upon the respondents to appoint him as a Clerk by
way of promotion from Class-IV post to Class-III post and to
grant all the consequential benefits for which the petitioner is
found entitled.
3. The petitioner was appointed on compassionate
ground under letter as contained in Memo No. 792 dated
Patna High Court CWJC No.12873 of 2025 dt.18-08-2025
2/4
20.12.2006
issued by the District Education Officer,
Sheikhpura. It is submitted that in the year 2008, the petitioner
had passed his B.Sc. Examination and in the meanwhile, the
Government of Bihar and the Department of Education has
come up with a Letter No. 1971 dated 13.08.2012 providing,
inter alia, 15% of Class-III post to be filled up by way of
promotion from Class-IV post employees.
4. In pursuant to the letter afore-noted, the
petitioner along with other eligible employees filed applications
for their promotion from Class-IV to Class-III post. On being
found eligible, the Headmaster of the said school submitted the
details of Class-IV employees in the prescribed proforma in
response to the Letter No. 1824 dated 25.10.2023 issued by
respondent No. 3. A panel was duly prepared and as per the
seniority of Class-IV employees, the name of the petitioner
figured at serial No. 3. Notwithstanding the 17 vacancies of
Clerk, prior to preparation of panel, further two more post
became vacant in different high schools and thus there were
altogether 19 vacant post. Hence, in any view of the matter,
three post should be filled up in terms with Government Letter
No. 1971 dated 13.08.2012 by promoting the Class-IV
employees on Class-III post. But surprisingly, only two
Patna High Court CWJC No.12873 of 2025 dt.18-08-2025
candidates from the panel, namely, Shri Vijay Kumar and
Diwakar Kumar Pandey were appointed and posted as Clerk by
way of promotion under Memo No. 683 dated 13.03.2024. It is
the specific contention of the petitioner that 15% of 19 vacant
post comes to 3 post and thus, in any circumstances, the
petitioner being third in the panel, his name should be
considered for appointment by way of promotion to Class-III
post.
5. Learned Advocate for the State, at the outset,
submitted that the grievance as noted, hereinabove, has already
been put forth before the District Education Officer, Sheikhpura
by filing a detailed representation and he is the competent
authority to look into the matter.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties, this Court deems
it appropriate to dispose off the writ petition with a direction to
the District Education Officer, Sheikhpura to consider the
representation of the petitioner as contained in Annexures- 11
and 12 by passing a reasoned and speaking order in the light of
the submissions noted hereinabove as also taking note of the
availability of the vacancies, preferably within a period of
twelve weeks from the date of receipt/production of a copy of
Patna High Court CWJC No.12873 of 2025 dt.18-08-2025
this order, in accordance with law.
7. Accordingly, the present writ petition stands
disposed off with the aforesaid direction.
(Harish Kumar, J)
sauravkrsinha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.08.2025
Transmission Date NA
