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Patna High Court
Anupam Dvivedi vs The State Of Bihar on 3 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16617 of 2022
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Anupam Dvivedi Widow of Late Vikash Kumar Dvivedi, Resident of Shankar
Chowk, Ward No-18, Bettiah, District-West Champaran.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar. Patna.
2. The Principal Secretary, Health Department, Govt. of Bihar, Patna.
3. The Director in Chief Health Services, Bihar, Patna.
4. The Additional Director, Health Services-Cum-State Programme Officer,
Leprosy, State Leprosy Eradication Office, Bihar, Patna.
5. The Civil Surgeon-Cum Chief Medical Officer, West Champaran at Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate
: Mr. Akshansh Shanker Singh, Advocate
: Mr. Barun Kumar Singh, Advocate
: Mr. Amit Kumar Mishra, Advocate
For the State : Mrs. Vijaya Laxmi Srivastava, AC to SC-23
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 03-02-2026
Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
A) For issuance of an appropriate
writ/writs, order/orders to quash the
non speaking and unreasonable
order contained in Memo No. 893
dated 7.10.2022 (Annexure-12)
issued under signature of the
Director in Chief Health Services,
Bihar, Patna (Respondent No-3) by
which the petitioner has been
demoted from the post of Lower
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
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division clerk (LDC) to the class-IV
post under Civil Surgeon, Bettiah in
most arbitrary and unreasonable
manner without any justification and
contrary to the established norms of
the Service Jurisprudence.
B) For a consequential writ to set-aside
the follow up order contained in
memo no.2031 dated 3.11.2022
issued from the office of Civil
Surgeon-cum-Chief Medical Officer,
West Champaran, Bettiah
(Annexure-13) by which the
petitioner has been demoted from
the class-III post of clerk to the
class-IV post of office attendant and
has been posted at Additional
Primary Health Centre, Senuwaria
(Majhaulia) and further the writ of
mandamus or any other appropriate
writ/writs. order/orders, direction/
directions upon the respondents to
allow the petitioner to continue as
Lower Division Clerk (LDC) in the
pay scale of 5200-20200/- grade pay
1900/-under Civil Surgeon-cum-
Chief Medical Officer, West
Champaran, Bettiah.
3. At the outset, the learned counsel for the
petitioner submits that after death of her husband, the petitioner
was appointed on compassionate ground vide Memo No. 142
dated 16.01.2011, issued under the signature of the Civil
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
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Surgeon-Cum-Medical Officer, West Champaran at Bettiah, on a
class-IV post in the pay scale of Rs. 4440-7440/- with grade pay
of Rs. 1300/-. The appointment of the petitioner was made on
the recommendation of the District Compassionate Appointment
Committee vide its meeting dated 07.12.2010 and the
recommendation made by the District Magistrate, West
Champaran at Bettiah vide Memo No. 743 dated 09.12.2010.
Accordingly, the petitioner gave her joining at Additional
Primary Health Centre, Leprosy Eradication Unit, Bettiah.
4. It has further been contended on behalf of the
learned counsel for the petitioner that although the petitioner
was having Intermediate qualification at the time of her
appointment, but the respondent authorities deliberately by
ignoring the same, appointed the petitioner on Class-IV post,
although being Intermediate pass, she was entitled for being
appointed on Class-III post. It has further been contended that at
the same time i.e. in 2011, in the same district, some other
appointments were also made on compassionate ground and the
persons having qualification of Intermediate degree were
appointed on Class-III posts. In support thereof, the petitioner
has brought on record Annexure-2 to the writ petition which has
been issued by the District Magistrate, West Champaran at
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
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Bettiah.
5. It is further case of the petitioner that the State
Government vide notification dated 02.12.2023 contained in सं ०
सं ०-4/वववध-8-102/2013-1720(4) (annexure-3 to the writ petition)
issued under the signature of the Director-In-Chief, Health
Services, Bihar, Patna addressed to State Programme Officer
(leprosy, malaria, filaria, tuberculosis, blindness), all the
Superintendent/Principal of all the medical colleges/hospitals
and all the Civil Surgeons in the State of Bihar, it was directed
that in view of the letter issued by the General Administration
Department on 23.03.2011, a provision has been made for grant
of promotion to the clerical cadre, from group "घ" employees
on the basis of seniority and roster, who having qualification of
matriculation against 15% quota. Subsequently, vide Memo No.
209 dated 25.05.2015 issued under the signature of the District
Programme Officer (Leprosy), State Leprosy Eradication Office,
Bihar, Patna addressed to all the District/In-Charge, District
Leprosy Eradication Officers, it was intimated/directed that in
view of the letter dated 02.12.2013 issued by the Director-In-
Chief, Health Services (Annexure-3 to the writ petition), the
original certificate of Matriculation is required of Class-IV
employees, working in the services of the State Government in
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
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National Leprosy Programme, for being promoted to the post of
Clerk. Some other directions were also given in the above
mentioned letter. In compliance thereof, the Additional Chief
Medical Officer-Cum-Drawing and Disbursing Officer, Leprosy
Control Unit, West Champaran at Bettiah vide his letter no. 15
dated 12.06.2015, addressed to the State Programme Officer
(Leprosy), Bihar, Patna recommended the case of the petitioner
for her promotion to Class-III post. Along with the letter, all the
relevant documents, including the educational qualification of
the petitioner were also sent.
6. It if further case of the petitioner that vide memo
no. 266 dated 27.07.2016 issued under the signature of the
Additional Director, Health Services-Cum-State Programme
Officer (Leprosy), Bihar, Patna, the petitioner was promoted to
the post of LDC in the pay scale of Rs. 5200-20200/- with grade
pay of Rs. 1900/- and the petitioner was posted in the office of
the State Leprosy Eradication Office, Bettiah. In compliance of
Memo No. 266 dated 27.07.2016, the competent authority vide
order contained in Memo No. 309 dated 14.02.2017 notified the
same and gave posting to the petitioner. Subsequently, the
petitioner appeared in the departmental examination, which was
held on 26.12.2017 and 27.12.2017, wherein she was declared
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
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successful. The name of the petitioner appears at serial no. 7 of
the result of the said departmental examination.
7. It has further been contended by the learned
counsel appearing on behalf of the petitioner that all of a sudden
vide letter no. सं ०सं ०-11/एल० (सथा०)-05/2018- 192 (11) dated
10.03.2022
issued under the signature of the Director-in-Chief,
Health Services, Bihar, Patna, a show cause notice was issued to
the petitioner that why the promotion given to her be not
cancelled, since the same has been given in violation of the
Department Notification No. 1060(4) dated 01.12.2014, wherein
the appointing authority for clerical cadre has been notified as
Civil Surgeon in the District and the Superintendent in the
Medical colleges and hospitals. It was further mentioned in the
letter that the State Programme Officer (Leprosy), Bihar, Patna
is not the competent authority to grant the same. Immediately
thereafter, vide letter no. सं ०सं ०-11/एल० (सथा०)-05/2018-257(11)
dated 30.03.2022, a reminder was sent to the petitioner to give
her explanation within one week. In compliance thereof, the
petitioner submitted her detailed representations on 26.03.2022
and 12.04.2022, wherein the petitioner gave all the relevant
documents and her explanation to the show cause notice issued
on 10.03.2022 and 30.03.2022. It has further been contended
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
that vide memo no. 893 (11) dated 07.10.2022 issued under the
signature of Director-In-Chief (disease control, public health,
paramedicals) Health Services, Bihar, Patna, the petitioner was
reverted to Class-IV post.
8. It has been further submitted by learned counsel
for the petitioner that the order impugned has been passed
without even going through the explanation submitted by the
petitioner, since no consideration has been made by the
authority concerned while reverting the petitioner from Class-III
post to Class-IV post. Accordingly, vide Memo No. 2031 dated
03.11.2022 issued under the signature of the Civil Surgeon-
Cum-Chief Medical Officer, West Champaran at Bettiah, the
order of reversion of the petitioner from Class-III post to Class-
IV post was issued from the date of the issuance of the letter and
the petitioner was posted in Additional Primary Health Center,
Senuwaria, Majhaulia on a Class-IV post.
9. Learned counsel for the petitioner further
submits that the order impugned has been passed on erroneous
consideration that the petitioner has been promoted on
compassionate ground and not by the competent authority.
Although, the promotion has not been granted on compassionate
ground, rather it has been granted to the petitioner in view of the
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
policy decision of the State Government to reserve 15% posts
for grant of promotion from Class-IV employees to Class-III
employees. It has further been contended that as per the policy
decision of the State Government a Class-IV employee having
intermediate/matriculation qualification is/was entitled for being
considered under the 15% quota and since the petitioner was
having the said qualification from the date of appointment itself,
the appointing authority recommended the case of the petitioner
for grant of promotion to Class-III post and there is no illegality
in the same.
10. It has been contended on behalf of the learned
counsel for the petitioner that the authority concerned while
passing the impugned order did not give any reasoning in the
order impugned and merely by writing that after consideration
of the show cause submitted by the petitioner, he has come to
the conclusion that the promotion granted to the petitioner be
cancelled. It has further been submitted that the order impugned
is without reasoning and which is being tried to be
supplemented by the reasoning given in the counter affidavit
filed on behalf of the respondent-State. Learned counsel for the
petitioner in support thereof relies on a judgment in the case of
Mohinder Singh Gill & Another vs The Chief Election
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
Commissioner, New Delhi & Others reported in (1978) 1 SCC
405 wherein in paragraph no.8, the Hon'ble Supreme Court has
been pleased to hold that:-
"8. The second equally relevant matter
is that when a statutory functionary
makes an order based on certain
grounds, its validity must be judged
by the reasons so mentioned and
cannot be supplemented by fresh
reasons in the shape of affidavit or
otherwise. Otherwise, an order bad
in the beginning may, by the time it
comes to court on account of a
challenge, get validated by
additional grounds later brought
out. We may here draw attention to
the observations of Bose, J. in
Gordhandas Bhanji [Commr. of
Police, Bombay v. Gordhandas
Bhanji, 1951 SCC 1088 : AIR 1952
SC 16] :
"Public orders, publicly made, in
exercise of a statutory authority
cannot be construed in the light of
explanations subsequently given by
the officer making the order of what
he meant, or of what was in his
mind, or what he intended to do.
Public orders made by public
authorities are meant to have public
effect and are intended to affect the
actings and conduct of those to
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
whom they are addressed and must
be construed objectively with
reference to the language used in the
order itself."
Orders are not like old wine
becoming better as they grow older."
11. Per contra, the learned counsel appearing on
behalf of the State submits that the promotion granted to the
petitioner was not given by the competent authority since the
Additional Director, Health Services-Cum-State Programme
Officer (Leprosy), State Leprosy Eradication Office, Patna,
granted promotion to the petitioner from Class-IV post to Class-
III post beyond his jurisdiction, since vide letter no. 1060(4)
dated 11.12.2014 of the Health Department, the appointing
authority of the Class-III post, is Civil Surgeon-Cum-Chief-
Medical Officer of that district and in Medical Hospital, the
appointing authority is the Superintendent of that Medical
Hospital. It has further been contended that with respect to the
appointment on compassionate ground the General
Administration Department in Clause 9(Ka) in Notification No.
13293 dated 05.10.1991 specifically stated that after
appointment on compassionate ground, the appointee shall not
be again benefitted by giving promotion or by cadre transfer. It
has further been contended that the Rules with respect to the
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
appointment of Clerk and their service condition have been laid
down in which sub-Clause (1) of Clause-5 stipulates that 85% of
the post of LDC shall be filled up directly on the
recommendation of the Commission and remaining 15% post of
LDC shall be filled up through promotion of Group-D
employees who possess Intermediate/10+2 qualification and the
said promotional post shall be filled up through Seniority list. It
has further been contended that the Group-D employees shall be
promoted on the recommendation of the Departmental
Promotion Committee.
12. After having heard the learned counsel for the
parties and after going through the documents on records, I find
that the petitioner was appointed on the recommendation of the
District Compassion Appointment Committee and the District
Magistrate, West Champaran at Bettiah by following due
procedure of law. The petitioner was recommended for being
considered for promotion on Class-III post by the competent
authority in view of the policy decision of the State to grant
promotion to Group-D employees who possessed
Intermediate/Matriculation qualification against 15% quota
reserved for them. During course of hearing of the present writ
petition, a specific query was made to the learned counsel for
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
the petitioner that no document has been brought on record with
regard to the petitioner having obtained the qualification of
matriculation or above, since, in the counter affidavit filed on
behalf of the respondent-State a categorical statement has been
made in paragraph-4 that the petitioner was appointed on
compassionate ground on Class-IV post since she was having
the requisite qualification of 'Madhyama'. Learned counsel for
the petitioner handed over all the original documents including
admit card, mark-sheet and provisional certificate issued by the
Bihar School Examination Board to the petitioner with regard to
her obtaining Intermediate qualification. From perusal thereof, it
transpires that the petitioner had obtained Intermediate
qualification in the year 2009 itself and from Annexure-5 to the
writ petition, it appears that all the relevant documents including
the documents mentioned above were forwarded to the
competent authority, while recommending the case of the
petitioner for being promoted to a Class-III post. The order of
promotion was issued by the Civil Surgeon-Cum-Chief Medical
Officer, West Champaran, Bettiah on the basis of the policy
decision of the State Government and the said promotion has
not been granted on compassionate ground as has been
mentioned in the counter affidavit filed on behalf of the
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
respondent-State. The said promotion has been granted against
15% quota reserved for Class-IV employees in view of the
policy decision of the State Government dated 02.12.2013 and
25.05.2015. It appears that the Director-In-Chief, Health
Services while passing the impugned order contained in memo
No. 893(11) dated 07.10.2022 was not aware of the policy
decision of the State Government or deliberately and
intentionally relied upon clause 2 (VI) of letter no. 1060 dated
01.12.2014, which relates to Appointment. Further, the Director-
in-Chief, Health Services for the reasons best known to him did
not even consider the representation/show cause filed by the
petitioner and passed the impugned order dated 07.10.2022 on
erroneous ground. Further, the respondent authorities in their
counter affidavit have stated that for promotion from Group-D
post to Group-C post, the exercise has to be taken on the
recommendation of the departmental promotion committee and
relied on the notification contained in Memo no. 1060(4) dated
01.12.2014.
13. It appears from Clause-15 of the notification
contained in Memo no. 1060(4) dated 01.12.2014, that
procedure for promotion has been given, but nowhere in the
counter affidavit or the writ petition it has come that the said
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
procedure was followed or not. The only contention raised in the
counter affidavit is that the same has not been given by the
competent authority, since the Civil Surgeon-Cum-Chief
Medical Officer, West Champaran, Bettiah was not competent to
grant the same.
14. Accordingly, from the discussions made above,
the order impugned contained in memo No. 893 (11) dated
07.10.2022 issued under the signature of the Director-in-Chief,
Health Services, Government of Bihar, Patna and the
consequential order contained in Memo No. 2031 dated
03.11.2022 issued under the signature of the Civil Surgeon-
Cum-Chief Medical Officer, West Champaran at Bettiah are
hereby set-aside.
15. The respondent-authorities are at liberty to
verify that whether while giving promotion to the petitioner, the
procedure mentioned in Clause-15 of letter no. 1060(4) dated
01.12.2014 was followed or not and if they come to the
conclusion that the same was followed then no further orders are
required to be passed, but if it is found that the same was not
followed then the respondent authorities by following the due
procedure prescribed under law will proceed afresh after giving
due notice to the petitioner. It is further clarified that since the
Patna High Court CWJC No.16617 of 2022 dt.03-02-2026
petitioner has already discharged her duties on the promoted
post till issuance of the impugned order dated 03.11.2022, no
recovery or adverse order shall be passed against the petitioner
for the period till 03.11.2022.
16. The writ petition is disposed of in the
aforementioned terms.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.02.2026
Transmission Date NA
