[Cites 7, Cited by 0]
Patna High Court
Uttam Kumar And Ors vs The State Of Bihar And Ors on 29 January, 2026
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2163 of 2019
======================================================
1. Uttam Kumar and Ors Late Sunil kumar resident of Village and Post Office
Aiyara, P.S-Karpi, District Arwal presently posted at Anani Shu Ucch
vidyalaya, Pali Bazar Jehanabad
2. Mirtunjay Kumar Late Ram Dayal Sharma resident of Senari P.S- Karpi
District- Arwal Presently Posted at 10 plus 2 Praveshika Vidyalaya,
Shakurabad, Jehanabad
3. Rajendra Kumar Shri Baliram Sharma resident of Village- Senari, P.S-
Karpi, District- Arwal, Presently posted at Gandhi Samarak inter Vidyalaya,
Jehanabad
4. Kulshekhar Sharma Suryadeo Singh resident of village majidpur, P.S-
Kinjer, District- arwal, Presently posted at Gandhi Samarak inter Vidyalaya
Jehanabad
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, EDucation Department, Government ofBihar Patna
Bihar
3. The Director, Secondary Education, Government of Bihar, Patna Bihar
4. The Regional Deputy Director of Education,Magadh Division, Gaya Bihar
5. The District Magistrate, Jehanabad Bihar
6. The Distict Education Officer, Jehanabad Bihar
7. Brajesh Kumar Late Suresh Singh resident of village- jhunathi Khurd Post-
Jhunathi P.S-Parasbigha, District- Jehanabad
8. Mahendra Ram Late Ramdev Ram resident of village and post-Bharthu P.S-
Ghoshi District- Jehanabad, Presently posted at Ramanand Sharma Project
kanya Higher Secondary School, Okari, Ghosshi, Jehanabad
9. Sushma kumari late Ramdahin Mahto resident of village- Maliksarai post
and P.S-Islampur District- Nalanda, presently posted at plus 2 High School,
Murgaun, Jehanabad
10. Praveen Kumar Jaynandan Singh resident of village Senari, post- Khatangi
P.S- Karpi (Vanshsi) District- Arwal , presently posted at plus 2High School,
hulasganj, Jehanabad
11. Sahjanand Sharma late Dashrath Sharma resident of village, post and P.S-
Rampur Chauram District- Arwal, presently posted at High School,
Makhdumpur, Jehanabad
12. Sarita Kumari late umesh kumar Singh village-Pariyari bigha Post- Pariyari
Dhig P.S- Kinjar, District- Arwal, Presently Posted at Gandhi Inter School
krishna Ashram Sikaria, District- Jehanabad
13. Lalan paswan Late Munshi Paswan resident of mohalla Purvi Unhta,P.S, P.O
and District- Jehanabad, presently posted at Gandhi praveshika School,
krishnaashram,Bhenvad Sikaria, Jehanabad now posted at Rajkiyakrit High
School, Makhdumpur, District- Jehanabad
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
2/43
14. Mrinal Manjari Late Niraj Kumar resident of village Senari post- Khatangai
P.S- Karpi (Vanshi) District- arwal Presently at plus 2 High School
Badhauna, Jehanabad
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10483 of 2023
======================================================
1. Uttam Kumar Son of Late Sunil Kumar Resident of Village and P.O.-
Aiyara, P.S.- Karpi, District- Arwal.
2. Mritunjay Kumar Son of Late Ramdayal Sharma, Resident of Village-
Senari, P.S.- Karpi, District- Arwal.
3. Rajendra Kumar Son of Sri Baliram Sharma, Resident of Village- Senari,
P.S.- Karpi, District- Arwal.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Director, Secondary Education, Government of Bihar, Patna.
4. The District Magistrate, District- Jehanabad.
5. The District Education Officer, District- Jehanabad.
6. The District Programme Officer Establishment, District- Jehanabad.
7. The District Secondary Education Establishment Committee through its
Chairman, District- Jehanabad.
8. Smt. Sushma Kumar, Wife of not known to the petitioners, at present posted
as class-III employee at Project Kanya High School- Okari, District-
Modanganj.
9. Smt. Anjani Kumari, Wife of not known to the petitioners, at present posted
as class-III employee at Gandhi Smakrak High School- Sagarpur, District-
Makhdumpur.
10. Sh. Praveen Kumar, Son of not known to the petitioners, at present posted as
class-III employee at High School- Bharthu, District- Ghoshi.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 2163 of 2019 & CWJC No. 10483 of 2023)
For the Petitioner/s : Mr. Dinu Kumar, Adv.
Mr. Vardaan Mangalam, Adv.
Ms. Ritika Rani, Adv.
Mr.Arvind Kumar Sharma
For the Respondent/s : Mr. Madhaw Pd. Yadav, GP-23
Mr. Shankar Kumar Thakur, AC to GP-27
: Mr. Arvind Kumar, AC to GP-23
For the Respondents 8 to 10 : Mr. Paras Nath, Advocate.
======================================================
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
3/43
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
CAV ORDER/ JUDGMENT
29-01-2026 Heard learned counsel for the petitioners and learned
counsel appearing for Respondents-State in the both the writ
petitions.
2. Vide order dated 08.02.2024 passed in CWJC No.
2163 of 2019, the instant case was directed to be listed along
with CWJC No. 10483 of 2023, after service of notice and since
both these cases have common subjects in issue, as such on
completion of pleadings of the parties including the private
respondents, these matters have been heard together and on
conclusion of the arguments of all the parties, accordingly, both
the writ petitions are being adjudicated in the following manner.
3. The relief sought for in CWJC No. 2163 of 2019 is
as follows:-
"(i) For quashing the office order
vide Memo No. 574 dated 26.6.2018 issued
by The Regional Deputy Director of
Education, Magadh Division, Gaya as
contained in Annexure-13 by which direction
has been issued to the District Education
Officer, Gaya to prepare the Gradation List
of Class IV employees and grant promotion
to the eligible persons from Class IV to Class
Ill indicating the seniority of the petitioners
viz private respondents;
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
4/43
(ii) Also for issuance of a writ in
the nature of declaration that the decision
taken by the Regional Deputy Director of
Education, Magadh Division, Gaya dated
26.6.2018
as contained in Annexure-13 is
contrary to the order dated 16.5.2018 passed
by the Hon'ble Patna High Court in
C.W.J.C.No. 5912 of 2018 as contained in
Annexure- mainly on the reasons once the
Hon'ble Patna High Court pleased to direct
the Regional Deputy Director of Education,
Magadh Division, Gaya to take decision
upon the recommendation made by the
District Education Officer for promotion
from Class IV to Class III in which the name
of the private respondent does not appear;
(iii) Also for direction to the
respondents to not give effect of the office
order vide Memo No. 574 dated 26.6.2018 as
contained in Annexure-13 against the
petitioner specially when their juniors have
already been promoted from Class IV to
Class III.
iv) And also for necessary
direction, relief, order as the petitioners are
found entitled to in the facts and
circumstances of the case and eye of law.
4. The relief sought for in CWJC No. 10483 of 2023
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
is as follows:-
" (i) For quashing the
Office order vide memo no.1914 dated
07/07/23 issued under the signature of
District Education Officer, District-
Jehanabad as contained in Annexure-
22, by which the Smt. Sushma Kumar,
respondent no.8, Smt. Anjani Kumari,
respondent no.9, and Sh. Praveen
Kumar, respondent no.10 have been
promoted from class IV to III clerk
and posted in Project Kanya High
School- Okari, District-Modanganj,
Gandhi Smakrak High School-
Sagarpur, District-Makhdumpur,
Project Kanya High School, District-
Makhdumpur and High School-
Bharthu, District-Ghoshi respectively
after cancelling of order dated
16/03/18 with retrospective effect as
contained in Annexure-13.
(ii). Also, commanding the
respondents to allow the petitioners to
continue working as class-III
employee in their respective place of
posting as usual in view of the order
dated 16/03/18 as contained in
Annexure-13, after giving no effect to
the order mentioned with respect to
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
Rajendra Kumar, respondent no.3.
(iii). Also for quashing the
proceeding and decision of the
District Establishment/Promotion
Committee, Jehanabad dated 07/07/23
as contained in Annexure-21, held
under the Chairmanship of the District
Education Officer, District-Jehanabad
by which the order no.555 dated
16/03/18 as contained in Annexure-13,
was cancelled and the private
respondents and the petitioner no.3
were promoted from 7/7/23 as
contained in Annexure-22.
(iv). Also for necessary
relief/reliefs, order/orders,
direction/directions for which the
petitioner is entitled in the eye of
law."
FACTUAL MATRIX IN BOTH THE CASES
5. The petitioners were appointed on compassionate
ground on Class-IV post, owing to the deceased employees, who
happened to be the father of these petitioners, said to have been
killed in the extremist's carnage known as 'Senari Carnage' in
the night of 18.03.1999. Since, these petitioners had the
requisite qualification for being appointed on compassionate
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
ground, their appointments were directed on the
recommendation of the District Compassionate Committee, by
following requisite procedures as prescribed in law by issuing
appointment letters against which the petitioners are said to have
joined the respective posts. At the time of their appointment, the
petitioners had passed their matriculation examination and
subsequently, with the permission of the District Education
Officer, Jehanabad, they are said to have pursued further studies
and accordingly, petitioner no.1, Uttam Kumar is said to have
completed his Graduation in 2011, while petitioner no. 2,
Mritunjay Kumar and petitioner no. 3, Rajendra Kumar of both
the writ petitions, completed their Intermediate qualification in
2014 and 2004 respectively. And additionally, all these three
petitioners are said to have obtained diplomas in computer
application (DCA) from valid institutions, the certificates issued
are appended as Annexure-1 Series of CWJC No. 10483 of
2023. The promotion of the petitioners from Class-IV to Class-
III posts is governed by several administrative frameworks and
rules, being Bihar Secretariat Clerical Service Rules, 2006 as
referred in Memo No. 7443 dated 30.06.2011, which
formulated the promotion procedures appended as
Annexure-2 of the CWJC No:10483/2023, got amended and
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
was being called as the Bihar Secretariat Clerical Service Cadre
(Recruitment and Service Conditions) Rules, 2011 (for short
"Rules, 2011") which initially established the base-line for
recruitment and promotion under which, Rule 7(5) of the "Rules
2011" stipulated that 85% of posts belonging to Lower Division
Clerk (LDC) were to be filled up through direct recruitment,
while 15% were earmarked for being filled up from amongst the
eligible Group 'D' employees having matriculation
qualification. In exercise of power under Article 309 of
Constitution of India, Rules for recruitment and service
condition was framed, which is known as Bihar Collectorate
Clerical Cadre (Recruitment and Service Condition) Rule 2011
and under the Rule 6(1) of the "Collectorate Rules 2011"
required matriculation with knowledge of computer application.
The said Rule was further amended in the year 2013 and all the
visible features of the earlier "Rules 2011" was fundamentally
found altered vide Notification No. 14227 dated 2nd September,
2013, which introduced the Bihar Collectorate Clerical Cadre
(Amendment) Rules, 2013 (For short ' Rules 2013'), and
substituted the Rule 6(1) mandating that the minimum
educational qualification for the clerical cadre would be an
intermediate pass (10+2) or equivalent along with the
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
knowledge of computer operation and computer typing. The
Bihar Collectorate Clerical Cadre (Recruitment & Service
Conditions) Rules, 2011, which clarified that 15% posts must be
filled up in seniority order from such Group 'D', who possesses
the qualification required for clerical posts and consequently,
after September, 2013, no Group "D" employee could have
legally been promoted to Class-III post, unless they possess both
the intermediate degree and the computer certificates (which
would mean knowledge of computer application and computer
typing). The said Rule, 2011 further provides that compassionate
appointee shall be junior to the direct recruits.
Stand of the petitioners.
6. The petitioners' case is that they obtained this
technical qualification prior to 2017-2018 promotion cycle and
were amongst the few employees, who strictly adhered to
updated statutory standards, which were brought into effect with
fundamental amendments in the Bihar Collectorate Clerical
Cadre (Recruitment & Service Conditions) (Amendment) Rules,
2013, which were framed in the year 2011. It is the case of the
petitioners that since the administrative machinery of the
Department of Education in the district of Jehanabad under
which these petitioners are said to have been working, having
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
failed to initiate the procedures of promotion on the post of
Class-III from group 'D' employees, these petitioners were
compelled to file the writ petition bearing CWJC No. 17793 of
2016, wherein, it was submitted that the petitioners fulfilled the
requisite criteria/qualification for their cases to be considered for
promotion from Class-IV to Class-III post, on which they are
presently working and the authorities have also done a
preliminary screening and the list has also been prepared which
has been submitted by the concerned District Education Officer,
Jehanabad to the office of Regional Deputy Director of
Education, Magadh Division, Gayaji and now the authorities are
only to take a final decision based on such recommendation,
which for no obvious reason, appropriate decisions was not been
taken giving reasons to file such petition.
7. Considering the submission of the petitioners, the
Hon'ble Co-ordinate Bench vide order dated 05.12.2017 passed
in CWJC No. 17793 of 2016, was pleased to direct the
authorities concerned to "take a final decision on the
recommendation made by Respondent No.6 relating to
promotion of the person including the petitioners on the post of
Class-III from Class-IV", in which these petitioners are said to
be working and accordingly, the writ petition was disposed of
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
for taking such decision within a period of two months.
8. It has further been brought to the notice of this
Court that pursuant to the judicial mandate, the District
Administration initiated rigorous verification process by issuing
letter no.627 dated 20th May, 2017 (issued under the signature of
District Education Officer, Jehanabad) for collection of details
of all intermediate passed Group 'D' employees in the district of
Jehanabad and accordingly, a final merit list is said to have been
prepared on 22 July, 2017, after completing the process of
seeking details and other formalities, the final merit list was
published, in which the name of the petitioner no.1 stands at
Serial No.10, petitioner no.2 stands at Serial No. 6, petitioner
no. 3 stands at Serial No. 4.
9. It has next been submitted that pursuant to the
check list prepared by District Education Officer, Jehanabad on
22.07.2017, the final gradation list is said to have been prepared
and published in which, the private respondents, namely,
Sushma Kumari, Anjani Kumari and Praveen Kumar have not
been shown to have acquired the knowledge of computer
operation and computer typing. Vide letter no. 262 dated
08.02.2018 issued under the signature of District Programme
Officer, Jehanabad addressed to all school Heads of the
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
Government School were directed that all the desired candidates
for the promotion from Class-IV to Class-III would present
themselves with educational qualification including computer
operation and computer typing certificates along with original
service books, before District Establishment Promotion
Committee for consideration of their cases for promotion. These
petitioners are said to have appeared before the District
Establishment Promotion Committee on 17.02.2018 along with
all certificates as required under the Bihar Collectorate Clerical
Service Cadre (Recruitment and Service Conditions) Rules,
2011 and the Amendment Rules, 2013 and were further directed
to make signature over the proceedings and accordingly, a
decision was taken on 17.02.2018 for promotion of these
petitioners from Class-IV to Class-III in the light of the order
passed by the Co-ordinate Bench in CWJC NO. 17793 of 2016
and the District Establishment Committee having resolved that
these petitioners were having requisite qualification in terms of
the Bihar Collectorate Clerical Service Cadre (Recruitment and
Service Conditions) Rules, 2011 and the Amendment Rules,
2013 and pursuant thereto, in the meeting of District
Establishment Posting Committee under Chairmanship of
District Education Officer held on 16.03.2018, the petitioners
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
were promoted from Class-IV to Class-III, vide office Memo
No. 555 dated 16.03.2018 issued by the District Education
Officer, Jehanabad, by which these petitioners were posted on
promotion from Class-IV to Class-III in the respective schools,
details of which is indicated in para-19 of the writ petition being
CWJC No. 10483 of 2023 and the petitioners are said to have
joined the respective post of Class-III on 17.03.2018.
10. The petitioners by referring to the check list dated
22.07.2017 issued under the signature of District Education
Officer, Jehanabad appended as Annexure-14 of CWJC No.
10483 of 2023 submits that from the said list, it is quite apparent
that only petitioner no. 1, 2 and 3 and one Kulshekhar Sharma,
who is said to have died on 05.02.2023, were eligible for
promotion under Bihar Collectorate Clerical Service Cadre
(Recruitment and Service Conditions) Rules, 2011, (Amendment
Rules, 2013) as no other employees of final seniority list dated
22.07.2017 prepared on the basis of integrated inquiry report
dated 22.07.2017 had the knowledge of computer operation and
computer typing and therefore, only these petitioners were
granted promotion and even after grant of promotion, nobody
including the private respondents had ever objected to such
promotions rather they simply filed a writ petition bearing
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
CWJC No. 5912 of 2018, wherein the only submission was
made before the Co-ordinate Bench that their
case is covered by the decision rendered in the case of these
petitioners, who are said to have filed the writ petition for grant
of promotion vide CWJC No. 17793 of 2016 and considering
the submissions made in the writ petition filed by the private
respondents, the same was disposed of with a direction to the
Respondent No.4/Regional Deputy Director, Education, Gayaji,
to examine the claim of these petitioners and if it is found that
the present case is covered by the decision of the Co-ordinate
Bench in CWJC No. 17793 of 2016, the Respondent No.4 may
consider the case of the petitioners in the light of order dated
05.12.2017 and the exercise so required for consideration of the
cases of private respondents, would be considered within the
time line so prescribed in the order dated 16.05.2018 passed in
CWJC No. 5912 of 2018. With such observations, the writ
petition was disposed of.
11. It is the case of the petitioners that the private
respondents being Respondents No. 8, 9 and 10 had never made
any complaint either before the district authorities or at any
other higher forum including the aforesaid writ petition
preferred by them which is said to have been disposed of by the
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
Co-ordinate Bench, wherein such allegations have been made
that despite these private respondents having the qualification
for promotion, their eligibility was compromised in granting
promotions to these petitioners.
12. During the course of hearing, the private
respondents no. 8 to 10 were directed to file their counter
affidavit in this case and through second counter affidavit filed
in this case on behalf of private respondents 8 to 10, it has been
asserted that the respondents no. 8 to 10 had submitted their
requisite qualification about the knowledge of computer
operation in the office of Respondent No.5 on 11.08.2018, upon
which initials were made by the authorized person, while
receiving the papers for their promotion as Class-III employees
but those papers have not been included in the list prepared by
Respondent No.5, as such, the name of these private
respondents, could not be considered in the list of promotion.
13. It has next been asserted that it is an admitted
fact which would emerge from the order passed by the Regional
Deputy Director of Education, Magadh Division, Gayaji as
contained in Memo No. 574 dated 26.06.2018 that these private
respondents do have the computer knowledge of operation and
typing and they deserve to be promoted as Class-III employees.
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
14. From the order dated 26.06.2018 passed by
Regional Deputy Director of Education, Magadh Division,
Gayaji, it is quite evident that though there is a finding with
regard to the computer knowledge with respect to the private
respondents but there is no consideration of the fact that as to
why, if such knowledge was acquired by these private
respondents way back in the year 2014 itself, as mentioned in
the certificates produced through affidavit, then what prevented
them from not producing such certificates or during course of
preparation of merit list dated 22.07.2017, having made such
protest before the District Promotion Committee and as also,
such qualification having not been indicated in the form, which
was to be filled up by them based on which, final/seniority
gradation list dated 22.07.2017, has been prepared and published
by the District Authority.
15. Learned counsel for the petitioners submits that
Judicial intervention would be required in this case taking note
of the fact that the cancellation was effected during judicial stay
and the Respondent Authorities did not possess the legal
authority or jurisdictional competence to initiate "administrative
rectification" and issue of demotion orders via Memo No. 1914
under the guise of transparency and quota compliance, while the
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
promotion process of the State was subject to an active Status
Quo order by the Hon'ble Supreme Court and as also under
judicial stay by the Co-ordinate Bench of this Court could not
have been give effect.
16. It has further been argued that the justification for
cancellation advanced by respondents during stay is fit to be
rejected, where such stand is taken that the withdrawal of
promotions was a necessary "rectification" to adhere to the 15%
quota Notification No. 821 and to ensure transparency via Letter
No. 195 dated 11.08.2023 and Letter No. 2345 (12.08.2023).
However, these actions were taken despite two critical judicial
interdictions: Supreme Court Stay: On 15.04.2019, the Hon'ble
Supreme Court in SLP No. 30621 of 2011 ordered Status Quo
regarding promotions in the State of Bihar. Co-ordinate Bench
Stay: On 01.04.2019, a stay was granted in MJC No. 2847 of
2018 (arising out of CWJC No. 19114 of 2012). Despite these
stays, the DEO issued the impugned demotion/promotion order
on 07.07.2023 via Memo No. 1914.
Submissions on behalf of Respondent No.5 and 6
17. Learned counsel for Respondent Nos. 5 and 6
submits that the promotions from Class-IV to Class-III posts in
the district of Jehanabad are strictly governed by the Bihar
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
Collectorate Clerical Service Cadre (Recruitment and
Service Conditions) Rules, 2011 (Notification No. 821 dated
23.03.2011). These rules mandate a 15% quota for promotion
from the Class-IV cadre. It is submitted that out of a total of 47
sanctioned posts, only seven (7) posts can legally be filled via
promotion. It is further submitted that while the petitioners were
promoted to Class-III posts via Office Order No. 555 dated
16/03/2018 (Annexure-A), this promotion was fundamentally
irregular. Counsel for the respondents contends that the 2018
promotion was granted in haste to ensure compliance with the
directions of this Hon'ble Court in C.W.J.C. No. 17793 of 2016,
and in doing so, the mandatory principle of seniority was
bypassed. This irregularity led to a challenge by senior
employees in C.W.J.C. No. 5912 of 2018 (Brajesh Kumar &
Ors. vs. State of Bihar). By an order dated 16.05.2018, this
Hon'ble Court directed a reconsideration of the entire promotion
process to ensure adherence to law.
18. In light of the judicial intervention in the Brajesh
Kumar case and subsequent contempt proceedings (M.J.C. No.
4408 of 2018), the Regional Deputy Director of Education
(RDDE), Magadh Division, acting as the Appellate Authority,
issued Memo No. 574 dated 26.06.2018 (Annexure-B /
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
Annexure-R/A).
19. In compliance with those directions and the
seniority list prepared by the Regional Deputy Director of
Education (RDDE), Magadh Division (Memo No. 574 dated
26.06.2018), a fresh administrative exercise was undertaken on
04.10.2018 to rectify the irregular promotion: Further
clarification was sought from the Director, Secondary
Education, Patna vide letter no. 195 dated 11.08.2023 and a
show-cause was submitted by the office vide letter no. 2345
dated 12.08.2023 to ensure full compliance with Government
instructions and judicial order. The District
Establishment/Promotion Committee met to finalize the
promotions on 07/07/2023 (Annexure-21).
20. Following the committee's decision, the District
Education Officer issued Letter No. 1913 dated 07/07/2023 to
communicate the departmental process, which culminated in the
primary impugned order: Office Order vide Memo No. 1914
dated 07/07/2023 (Annexure-22). By this order, the 2018
promotions of the petitioners were cancelled with retrospective
effect to maintain the 7-posts limit and accommodate senior
eligible candidates (Respondent Nos. 8, 9, and 10). Crucially,
Petitioner No. 3 (Rajendra Kumar) was found eligible under
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
the revised seniority list and was consequently granted a fresh
promotion effective from 07/07/2023 under the same order.
21. The respondents maintained that these actions
were not arbitrary but were necessary administrative
rectifications to ensure transparency and adherence to the
"seniority-cum-eligibility" principle. It is further argued that the
writ petition is not maintainable as the petitioners failed to
exhaust their statutory remedy by filing an appeal before the
RDDE, Magadh Division, the designated Appellate Authority.
The respondents contend that the 2023 order of promotion were
issued in full compliance with the departmental policies and the
previous mandates of this Hon'ble Court.
22. Learned counsel for the respondents by referring
to their stand taken by them in their counter affidavit submits
that the initial promotion of the petitioners via Memo No. 555
dated 16.03.2018 was an irregular action necessitated by the
urgency of complying with the High Court's order in CWJC No.
17793 of 2016 dated 05.12.2017, which resulted in a failure to
strictly adhere to seniority rules. The specific stand so taken in
the counter affidavit filed by them, wherein with regard to the
promotion of these petitioners as well as subsequent promotions,
which is subject matter of challenge in this case, are being
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
reproduced as under:-
....... 5. That in pursuance of the order dated
05.12.2017 passed by the Hon'ble High
Court in CWJC No. 17793 of 2016 (Uttam
Kumar & Ors. v. State of Bihar & Ors.), the
Regional Deputy Director of Education,
Magadh Division, directed the District
Education Officer, Jehanabad, to take
necessary steps regarding promotion from
Class-IV to Class-III posts.
6. That accordingly, the District Education
dated 16.03.2018, promoted certain
employees including the petitioner, without
considering seniority due to the urgency of
compliance.
7. That in compliance of the aforesaid order,
the RDDE, Magadh Division, vide Memo
No. 574 dated 26.06.2018, prepared a fresh
list of eligible candidates strictly based on
seniority, which was later communicated to
this office.
8. That the withdrawal of the promotion was
therefore not arbitrary, but in strict
conformity with the Hon'ble Court's
directions, departmental circulars, and the
principle of seniority-cum-eligibility.
Underlined by me
23. Learned counsel for the Respondents by referring
to the stand so taken submits that their actions rescinding the
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
promotions granted to the writ petitioners cannot be said to be
without jurisdiction inasmuch as when there was specific
direction by the Co-ordinate Bench to consider the cases of writ
petitioners of CWJC No. 5912 of 2018 (Writ petition of Private
Respondents No. 8 to 10) which order had necessitated for
undertaking fresh process of promotion and the authorities were
compelled to take a call by interfering with the promotions
which is said to have been cancelled insofar these petitioners are
concerned and further the promotions which is said to have been
granted after cancellation of promotions vide order dated
07.07.2023 cannot be said to be without jurisdiction.
SUBMISSIONS ON BEHALF OF PRIVATE RESPONDENTS 8, 9, 10.
24. Learned counsel for Private Respondent Nos. 8,
9, and 10 submits that these respondents are fully qualified for
promotion to Class-III posts, having timely submitted their
educational and computer qualification certificates to the office
of the District Education Officer, Jehanabad (Respondent No. 5).
It is submitted that following a notification issued on 20.05.2017
calling for qualifications, the private respondents submitted their
credentials; however, their names were intentionally omitted
from the promotion panel or marked with "Nil" in the special
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
knowledge column.
25. The private respondents contend that this
omission was the result of a deliberate and mala fide act.
Specifically, it is alleged that Petitioner Nos. 1 and 2 were
posted on deputation in the office of Respondent No. 5 between
2016 and 2018. During this tenure, the petitioners allegedly
acted in connivance with the departmental authorities to
manipulate the seniority records, ensuring the exclusion of the
private respondents to facilitate the petitioners' own irregular
promotions in March 2018.
26. The learned counsel further highlights the
appellate order passed by the Regional Deputy Director of
Education (RDDE), Magadh Division, dated 26.06.2018
(Annexure-18). In the said order, the Appellate Authority
specifically held that Respondent Nos. 8 to 10 possess the
necessary educational and computer knowledge certificates and
are legally entitled to be promoted as Class-III employees. This
finding by the RDDE effectively refutes the petitioners' claim
that these respondents lacked the requisite qualifications at the
time the seniority list was finalized. It is further submitted, as
evidenced by Annexure R/1, that the private respondents'
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
computer qualification certificates and applications were duly
acknowledged and received by the department as early as
11.08.2018. Despite these documents being on record, the
official respondents initially failed to include them in the
roster/panel prepared for promotions, an administrative failure
that was only corrected through the subsequent proceedings of
the year, 2023.
27. The core submission on behalf of the private
respondents is that their eventual promotion via the impugned
order dated 07.07.2023 is legally sound and restores the rightful
"seniority-cum-eligibility" criteria. While the private
respondents state they have no objection to the promotion of the
petitioners if they are found to be deserving, they maintain that
such promotions cannot be granted by displacing or
compromising the established legal rights and superior seniority
of Respondent Nos. 8, 9, and 10. They argue that the 2023
administrative action was a necessary corrective measure to
undo the previous manipulations and comply with the RDDE's
appellate directions.
REPLY OF THE PETITIONERS TO THE PRIVATE
RESPONDENTS.
28. Learned counsel for the petitioners, in response to
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
the contentions of the private respondents, submits that
Respondent Nos. 8, 9, and 10 fundamentally lack the mandatory
qualifications of Intermediate and Computer Operation/Typing
as prescribed under the Bihar Collectorate Clerical Service
(Amendment) Rules, 2013 (Annexure-P/6). It is contended
that while the petitioners' certificates were duly verified and
found valid by the District Programme Officer (Establishment)
(Annexure-P/13 & P/14 series), the private respondents failed
to produce any such credentials during the actual selection
process conducted between 2017 and 2018.
29. It is submitted that the official records clearly
demonstrate the ineligibility of the private respondents at the
relevant time. Specifically, Respondent No. 10 left the "special
knowledge" column blank in his application and has not
enclosed certificate of the typing/computer operation
(Annexure-P/15, pg. 74), and Respondent No. 8 merely
mentioned having "17 years of experience" without enclosing
any valid computer certificate. Furthermore, it is alleged that
Respondent No. 9 failed to even submit an application in
response to the departmental notices dated 20.05.2017
(Annexure-P/8) and 08.02.2018 (Annexure-P/10). The
petitioners argue that the computer certificates now being relied
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
upon by the private respondents are "anti-dated" and
manufactured documents, created only after the petitioners were
legally promoted on 16.03.2018. This is corroborated by a letter
no. 1049 dated 19.06.2018 (Annexure-P/27), wherein the then
District Education Officer informed the RDDE that only the
petitioners and one other individual possessed the requisite
qualifications.
30. The learned counsel further contends that the
impugned orders dated 07.07.2023 (Annexure-P/21 & P/22) are
a nullity in the eyes of law. It is argued that these orders were
passed by considering only matriculation qualifications, thereby
disregarding the mandatory statutory requirement of computer
knowledge.
31. Legal issues
1. Whether retrospective cancellation of
promotion after five years, leading to reversion
and loss of vested rights, without adherence to
the principles of natural justice, is sustainable in
law ?
It is a settled principle that any
administrative action entailing civil consequences
(such as demotion or loss of seniority, loss in
salary) must adhere to Audi Alteram Partem. Since,
the petitioners were not given a chance to defend
their 2018 promotions which was cancelled in the
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
year, 2023, to grant promotion to private
respondents, the order is procedurally ultra vires
and violates Article 14 of the Constitution. Such
unilateral cancellation deserves to be interfered
with, to do complete justice.
Unless, allegation of fraud or
representation are made for fetching such
promotions, a settled promotion cannot be undone
retrospectively, as such action divests the
promotees from their vested rights.
2. Whether the Administrative Action in Defiance of Judicial Stay can
be justified in law ?
It is a foundational principle of law that any
administrative order passed in violation of a
judicial stay or status quo is a nullity in the eyes of
the law (void ab initio). The Respondents' claim of
good faith or compliance with departmental
circulars to ensure transparency is legally irrelevant
when the Apex Court had frozen the status of the
parties. The act of unilaterally revising the seniority
list and demoting the petitioners during the
subsistence/continuance of these stays, the
authorities have acted without jurisdiction.
"Administrative transparency" cannot be invoked to
override a judicial injunction; doing so constitutes
not only a procedural illegality but also a potential
interference with the administration of justice liable
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
for initiation of contempt proceedings and
punishment for committing contempt of Court.
3. Whether seniority of the employees in the respective cadre as per the
applicable rules is required to be determined with publication of final
seniority list by resorting to the procedure prescribed for grant of
promotion ?
Under the rule established in M. Pachiappan & Ors
v. S. Markandam & Ors. Civil Appeal No. 926 of
2004, SLP (Civil) Nos. 18811-18820 of 2004,
legality and validity of a final seniority list, "holds
the field" unless specifically challenged or
administratively/judicially interfered and continues
to govern the parties, if it has been finalized by
following the due procedure of law. Since from the
records, it does not appear that objections were
invited from the employees concerned before
finalizing the seniority list of 2017 or even the rules
of reservation as applicable for granting promotion
to the Government employee as per the
constitutional scheme does not appear to have been
adhered, therefore, the subsequent seniority list,
which till date has also remained as provisional
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
could not have been relied for cancellation of
promotion and granting fresh promotion, rather
should be finalized after inviting objections from
all concerned, and upon adjudication of their
objection, the said provisional seniority list should
be given its finality by publishing the final merit
list to show its validity, and only thereafter, the
promotion of all eligible persons be placed for
consideration before the Departmental Promotion
Committee followed with promotional order being
put in place in accordance with rules in vogue.
Consideration
32. On consideration of the submission of the
petitioners, private respondents including the stand taken by the
official-respondents in this case, it is quite clear that there has
been a breach of principles of natural justice, while interfering
with the promotions, which is said to have been granted in
favour of these petitioners, by preparing the seniority list, which
is said to have been finalized after seeking documents, which
were essential for preparation of merit list and further by
providing all the opportunity to all concerned including the
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
private respondents but from the record, it does not appear that
objections were invited from the employees of the cadre before
finalizing the said seniority list to give the shape of final
seniority list, and when the private respondents having filed the
writ petition seeking grant of promotion in similar terms as that
has been extended in favor of these petitioners and the writ
petition having been disposed of with a direction that if the case
of the private respondents is covered by the order passed by the
Co-ordinate Bench of this Court vide order dated 05.12.2017
passed in CWJC No. 17793 of 2016 filed at the instance of the
writ petitioners, then the cases of other similarly situated
persons shall also be considered and promotion if any, shall be
granted within the time so specified.
33. It is admitted position on record that ignoring the
final seniority list of 2017, which is said to have been prepared
in accordance with the applicable rules governing the service
conditions of Group 'D' employees of the district, in which the
petitioners were found eligible, while the private respondents
having not been found eligible, the promotions to these
petitioners were granted but without following the principles of
natural justice or having show-caused these petitioners to file
their responses/objections, before cancellation of promotion vide
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
impugned orders dated 26.06.2018 whereby the District
Authorities, were directed to prepare a fresh gradation list, and
to promote the eligible persons of Class-IV employees based on
which, the District Establishment Committee met on
07.07.2023, and on the basis of their recommendation, the
promotions of these petitioners were cancelled vide order as
contained in Memo No. 1914 dated 07.07.2023 appended as
Annexure-13 of (CWJC No. 2163 of 2019) and 07.07.2023 as
contained Annexures-21 and 22 (CWJC No. 10483 of 2023) and
the preparation of the provisional seniority list of year 2018
without rescinding the final seniority list, which has already
been put in place by the authorities of the District, based on
which, the promotions to the private respondents and others are
said to have been granted and the authorities without bringing
finality to the said provisional list, by resorting to the procedures
prescribed in law, in which the objections which are said to have
been filed by the different employees, having till date not even
been adjudicated, still proceeded to grant promotion based on
the said provisional list of 2018, just to show compliance in the
contempt proceeding initiated at the instance of the private
respondents by the Co-ordinate Bench of this Court to avert
such contempt proceeding likely to be drawn against them, have
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
shown compliance by cancelling the appointment of these
petitioners in violation of the principles of natural justice and as
also the relevant rules of the Bihar Collectorate Clerical Service
Cadre (Recruitment and Service Conditions) Rules, 2013, is
wholly unsustainable and cannot be justified in law and further
the stand so taken and reason assigned by the respondents for
cancellation of promotions of these petitioners, that for showing
compliance in the contempt proceedings, the promotions
admittedly were granted in haste, which cannot be accepted,
because the respondents for justifying the promotion of 2023
have reiterated the similar stand that just to show compliance in
the contempt proceedings by the private respondents, the
promotions were granted to them based on the provisional
seniority list, which till date have not been finalized, as is
evident from the pleadings placed on the records of the case. It
is surprising that for no prudent reason, the State has come out
with provisional seniority list within a period of 01 year 03
months, while there was no occasion for them to publish such
provisional list, when according to them the seniority list of
Group 'D' employees had already been finalized. While there is
nothing on record to show that procedures were followed before
finalization. According to the Respondents, the provisional
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
seniority list dated 04.10.2018 is prepared as per the applicable
rules, to settle the seniority which is contained in Memo No.
2003 dated 04.10.2018, as such, the same is required to be made
final for the purpose of granting promotions under the
prescribed quota from Group-IV to Group-III, by resorting to
the procedure as prescribed in law, which has been indicated in
the preceding paragraphs to hold such promotions to be duly
sanctioned in law.
34. From the stand so taken in their counter affidavit,
it is quite evident that the authorities without applying their
judicious minds, just to show compliance of the order passed by
the Co-ordinate Bench, in which the contempt petition was filed
vide MJC No. 4408/2019, the respondents are said to have
proceeded to cancel the promotions of these petitioners, but the
facts remain that whether such actions of cancellation during the
stay directed by the Hon'ble Apex Court and as also by the Co-
ordinate Bench of this Court could be sanctified in law. For that,
this Court vide order dated 01.09.2025, 15.09.2025, 18.11.2025,
25.11.2025 and 28.11.2025 issued directions to the State
Counsel by adjourning the cases at their instances to have the
stand/response of the respondents concerned, who are said to
have violated the order of stay granted in respect of promotions
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
pending SLP No. 30621 of 2011, before Hon'ble Apex Court,
but they chose not to respond on these issues. However, reasons
assigned in the recall petition, does not find mention in the order
impugned for which interlocutory application is said to have
been filed, wherein the reference of pendency of MJC No. 4408
of 2018 is said to have been made and for showing compliance,
the promotion vide order dated 07.07.2023 is said to have been
notified cancelling the promotion of these petitioners, may not
absolve the respondents concerned, from having acted beyond
his jurisdictional competence to grant promotion during the
status quo directed by the Hon'ble Apex Court and as also by
the Co-ordinate Bench. Such stand of the authorities in showing
grounds through affidavit cannot be accepted in view of the
judgment rendered by the Hon'ble Apex Court in the case of
Mohinder Singh Gill & Anr vs The Chief Election
Commissioner, New Delhi & Ors. reported in AIR 1978 SC
851, where the same is missing from its reasoned order.
35. Since no plausible response is said to have been
received from their end, this Court finds it appropriate to deal
with this aspect/issues separately, which is left open at this
stage. But insofar, as the cancellation of promotions and as also
the directions issued by the Regional Deputy Director of
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
Education holding the eligibility of private respondents fit for
promotion is concerned, the Regional Deputy Director of
Education, Gayaji has erred in directing the District Education
Officer, Jehanabad to carry out the procedures of promotion
based on the provisional seniority list of the year 2018 prepared
for the purpose of granting promotions to the private
respondents for showing compliance of the order in contempt
proceeding drawn vide MJC No. 4408/2018 is wholly
unacceptable in law, as there has been a complete breach of the
constitutional scheme and as also the statutory provisions.
Taking into account the fact that vide impugned orders of
cancellation of promotion retrospectively, these petitioners are said
to have been demoted and divested of the rights created in them,
which is against the constitutional scheme, and is impermissible in
law and further action of the authorities to grant promotion based
on provisional merit list of 2018, even without adjudicating the
objections filed by the objectors and thereby giving finality to the
tentative list of the year, 2018, this Court finds it appropriate to set
aside the orders as contained in Memo No.574 dated 26.06.2018
issued by Regional Deputy Director of Education, Gayaji
(appended as Annexure-13 of CWJC No. 2163 of 2019) and as
also the follow up action pursuant to which the proceedings of
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
the Establishment Committee dated 07.07.2023 were drawn and
promotion order as contained in Memo No.1914 dated
07.07.2023 (appended as Annexures-21 and 22 of CWJC No.
10483/2023) respectively are said to have been issued demoting
these petitioners and granting promotions to the private
respondents. Accordingly, the concerned authorities are directed
to carry out the following direction(s) :-
"(i) The Regional Deputy Director of
Education, Magadh Division, Gayaji, Bihar is
directed to issue appropriate directions upon the
District Authorities to finalize the provisional
seniority list dated 03.10.2018, which is contained
in Memo no. 2003 dated 04.10.2018, after
adjudicating the objections of all the employees,
who are said to have filed their objections pursuant
to Memo No. 2003 dated 04.10.2018, if need be,
fresh notice may be issued inviting objections to
ensure fairness by making a rigorous verification of
certificates of all those, against whom, there is an
objection/allegations of manipulation, and frauds
are made on account of such certificates having not
been placed on time and such inquiry may
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
include/involve direct verification from the issuing
authority/institute from where they are claiming to
have gathered experiences, before publishing the
final seniority list of Group'D' employees and the
entire exercise for publication of final seniority list,
shall be completed in three months from the date of
production of copy of this order.
(ii) The Regional Deputy Director of
Education, Magadh Division, Gayaji, Bihar, on
finalization and publication of final seniority list,
within the time specified, would direct
consideration of the case of all Group 'D'
employees, who are found within the zone of
consideration for promotion to Class-III within
15%, quota by placing their cases before
Departmental Promotional Committee/
Establishment Committee to consider the individual
cases of all the eligible employees of Group 'D',
who are entitled in terms of the Bihar Collectorate
Clerical Service Cadre (Recruitment and Service
Conditions) Rules, 2011 and amended Rule 2013
and as also following the rules of reservation and
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
applicable roster published for promotion strictly in
consonance with the constitutional scheme and
entire exercises for grant of promotions to the
eligible persons shall be concluded with a further
period of two months.
(iii) With the setting aside of the
impugned order dated 07.07.2023, by which the
promotions granted to these petitioners were
cancelled, for granting promotion to the private
respondents, by cancelling the promotion granted to
these petitioners vide order no. 555 dated
16.03.2018, will not revive automatically rather the
same is made dependent over the promotions which
are likely to be notified on the recommendation of
the District Establishment, made for granting
promotions to Class-III from amongst the persons
eligible from Class-IV employees, within the time
specified for the purpose of continuity in Class-III
service.
(iv) All promotions granted to Class-III
either on the basis of final seniority list of the year
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
2017 or based on the provisional seniority list of
the year 2018, within 15% limit, which have been
held to be unsustainable, as such, the persons, who
are working presently on the post of Class-III,
would continue on their posts, without creating any
rights or equity in their favour, and would be
entitled only to receive additional pay not
exceeding 20% of his substantive pay attached to
the post of Class-IV held and salary being received
by them immediately before promotion granted to
them vide letter dated 07.07.2023 in view of Rule 103
of Bihar Service Code and the Government Circular
as contained in Memo no. 1479 dated 30.12.1968, so
long, the issue of promotion is under consideration
before authorities in terms of the order passed by this
Court and final promotions are notified.
(v) The Regional Deputy Director of
Education, Magadh Division, Gayaji, Bihar would
ensure that on the final adjudication of promotional
issues of all the eligible employees being
completed followed with the recommendation of
Departmental Promotion Committee / Establishment
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
Committee, having culminated into promotional
orders getting notified and the persons, already
promoted on the strength of order dated 16.03.2018
and 07.07.2023, do find place in the said list of
Class-III, their continuity on such post, would
reckon from the date of their respective promotions,
which were granted in their favour at the relevant
time, as no such challenge to the date promotions
of these petitioners has ever been a subject matter
before this Court in any of the proceeding and
accordingly, they would be entitled to salary from
the date of their entitlement.
36. Accordingly, both these writ petitions stand
disposed of with the observations and directions indicated
hereinabove.
37. Pending Interlocutory Application, if any, stands
disposed of in the above terms.
Issues pertaining to initiation of contempt proceeding:
38. From the records, it is quite apparent that the
entire mess is said to have been created by the District
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
Education Officer, Jehanabad, who is said to have violated the
orders of the General Administration Department as contained in
letter no.5066 dated 11.04.2019, whereby the regular
promotions on all of the posts in the services of the State
Government were stayed in the light of orders of the Hon'ble
Apex Court as also by the Co-ordinate Bench of the Hon'ble
High Court but violating the same, vide impugned order as
contained in Memo No. 1914 dated 07.07.2023, is said to have
been issued in breach of principles of natural justice by
cancelling the promotions, which were granted to these
petitioners in compliance of the direction issued by the Hon'ble
Court on their writ petition being CWJC No. 17793 of 2016.
Since the Director, Secondary Education had already noticed
this fact and directed seeking explanation for such violations
made by the District Education Officer, Jehanabad, as is
apparent from the letter no. 195 dated 11.08.2023, still nothing
is said to have been done at his end and this Court granted
opportunity(s) to these two Government Officials to file their
respective responses with regard to corrective measures taken in
this respect but no such response has been filed by them and
accordingly, this Court is left with no option but to draw adverse
view against them, and as such, this Court is of the opinion that
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
these two Government Officials being Sri Kanhaiya Prasad
Srivastava, I.A.S, Director, Secondary Education Bihar, Patna
and Sri Vidya Sagar Singh, District Education Officer,
Jehanabad are prima facie in contempt of Court for violating the
directions issued by the Hon'ble Apex Court and as also the Co-
ordinate Bench and since, there is already a contempt
proceeding pending, which is said to have been drawn/initiated
by the Hon'ble Division Bench in the case of Arbind Kumar &
Ors vs. State of Bihar & Ors (MJC No. 2847 of 2018), under
similar background/circumstances, where the Government
Officials have been found to have committed gross violation of
the stay orders of the Hon'ble Courts, this Court instead drawing
separate proceedings finds it proper to tag this case with the
aforesaid case, for taking suitable action against these two
persons and accordingly, this Court appropriately directs this
matter to be tagged along with the aforesaid case ((MJC No.
2847 of 2018), for this limited issues, for its consideration and
passing appropriate orders against these two Government
officials, for having violated the direction issued by the Hon'ble
Apex Court dated 15.04.2019 passed in SLP No. 30621 of 2011
and order dated 01.04.2019 passed in MJC No. 2847 of 2018
arising out of CWJC No. 19114 of 2012, after taking necessary
Patna High Court CWJC No.2163 of 2019 dt. 29-01-2026
permission from the Hon'ble the Chief Justice.
39. At the time of pronouncement of the judgment
and having disclosed the mind to send this matter to be tagged
with the MJC No. 2847 of 2018, a prayer has been made from
the State Counsel to take a lenient view in the matter and
therefore, this Court, after having given a conscious thought in
the background that the decision to cancel the promotion
unilaterally for granting promotions to the employees from the
same cadre, has already been set aside by this Court, therefore,
instead sending this matter to be tagged with the aforesaid case,
for the present, refrains from doing so, by just cautioning the
officers concerned to be more careful and cautious who would
be ensuring such act not being repeated/committed in future.
40. However, the petitioners will always be at liberty
to explore the remedies as provided in law for seeking
intervention in such matters.
perwez (Ajit Kumar, J)
AFR/NAFR AFR
CAV DATE 05.01.2026
Uploading Date 30.01.2026
Transmission Date N/A
