The authority to cancel promotion orders must adhere to established procedures and cannot override judicial mandates.

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 23-12-2025 Heard learned counsel for the petitioners and learned counsel for the respondent-State.

2. In the present writ application, the petitioners have prayed for the grant of following reliefs:

(i) For quashing of order dated

06.11.2025 contained in Memo No. 985 passed and issued by the Regional Deputy Director of Education-cum-Appellate Authority, Magadh Division, Gaya Ji, who has cancelled seniority list-cum- promotion order which is based on letter dated 13.06.2023 contained in letter No. 571 issued by the respondent Director Primary Education, Bihar, Patna whereby direction have been granted notional benefits of trained pay scale from the date of relieving after completion of training and monetary benefits from the date of publication of results.

(ii) For holding that promotion order contained in Memo No. 3899 dated 31.07.2025, issued by joint signatures of the District Education Officer and the District Programme Officer(Estab.), Gaya Ji after preparing final seniority list based on BPSC merit list after unanimous decision and due approval of the District Elementary Teachers Promotion/ Establishment Committee, Gaya Ji pursuant to order passed by this Hon'ble Court in CWJC No. 15610 of 2018 dated

12.09.2022.

(iii) For further be held that it is the valid promotion order based on seniority pursuant to letter dated 27.02.2023 contained in letter No. 218 issued by respondent Director, Primary Education in compliance of order passed in CWJC No. 15610/2018, (Raghvendra Sharma and Ors.

Versus The State of Bihar and Ors). (iv) For staying the impugned order dated 06.11.2025 contained in Memo No. 985 passed by the Regional Deputy Director of Education-cum-Appellate Authority, Magadh Division, Gaya Ji during pendency of instant writ application.

(v) For any reliefs for which the petitioners are found entitled in the facts and circumstances of the present case.”

3. It is the case of the petitioners that by letter contained in Memo No. 3899 dated 31.07.2025 (Annexure-P/4), the petitioners were promoted after preparing the seniority list. It is further case of the petitioners that one Shri Dhananjay Singh (respondent no. 7), who had no locus in the matter relating to promotion of the petitioners, filed an appeal on 23.08.2025 before the Regional Deputy Director of Education, Magadh Division, Gayaji objecting to the seniority list contained in Memo No. 3899 dated 31.07.2025. Relying upon the objection raised by Shri Dhananjay Singh (respondent no. 7), the Regional Deputy Director cum Appellate Authority without considering the relevant documents and orders passed by this Court, issued the impugned order dated 06.11.2025 contained in Memo No. 985 (Annexure-P/8) by which he has cancelled the promotion order as well as the seniority list issued by the competent Authority. The petitioners being aggrieved with this order dated 06.11.2025 contained in Memo No. 985, have filed the present writ application.

4. Issue notice to respondent no. 7 i.e. Shri Dhananjay Singh by both modes i.e. registered cover with A/D as well as ordinary process for which the petitioners must file necessary requisite(s) within two weeks after vacation, failing which the present application be posted under the heading "To Be Mentioned" for being dismissed for non-compliance.

5. Put up this case on 10.02.2026. In the meantime, the respondent-State is directed to file its counter affidavit giving parawise reply to the averments made in the writ application. The impugned order cancelling the promotion of the petitioners dated 06.11.2025 contained in Memo No. 985 issued by the Regional Deputy Director cum Appellate Authority, Magadh Division, Gayaji shall remain stayed.

(Alok Kumar Sinha, J)