Patna High Court
Amlesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court directed the petitioner to file a representation and the department to decide the promotion request within six weeks, refusing to issue a mandamus.
Summary
The petitioner, Amlesh Kumar, filed a writ petition seeking a mandamus directing the Bihar Road Construction Department to consider his promotion to Assistant Engineer under the 2010-11 vacancy, relying on a prior judgment (LPA No.1761/2016) that ordered promotion of similar appellants. He argued that the department had failed to act despite the earlier direction. The respondents contended that no representation had been filed by the petitioner, which is a prerequisite for considering promotion. The Court held that the petitioner must first file a representation before the Principal Secretary, after which the department must decide the matter within six weeks, taking into account the earlier judgment. Consequently, the writ application was disposed without granting the mandamus, with the Court directing procedural compliance.
Issues considered
- Whether the petitioner is entitled to promotion to Assistant Engineer based on the earlier judgment in LPA No.1761/2016.
- Whether a writ of mandamus can be issued directing the department to grant promotion without a prior representation by the petitioner.
- Whether the department is obligated to consider the petitioner's representation and decide within a stipulated time.
Subjects
- promotion
- writ of mandamus
- public service
- representation
- administrative law
- Bihar Road Construction Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1110 of 2026
======================================================
Amlesh Kumar Son of Late Bhola Prasad Sahu, Resident of Mohalla- Rajiv
Nagar, Road No- 17, House No- C/30, P.S.- Rajiv Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Road Construction Department, Bihar, Patna.
3. The Secretary, Road Construction Department, Bihar, Patna.
4. The Deputy Secretary (Management Cell), Road Construction Department,
Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhu Nath Pathak, Advocate
For the Respondent/s : Mr. K.P. Gupta, GP-10
Mr. Satya Vrat, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief (s) :-
“1. That by this application, the Petitioner is
invoking the writ jurisdiction of this Hon'ble Court
in the nature of Writ of Mandamus for directing
the Respondents to consider for promotion to the
post of Assistant Engineer against the vacancy of
2010-11 under AMIE or equivalent quota in
pursuant to direction given in LPA No. 1761/2016
on 20.04.2024 by Division bench of this Hon'be
court comprising with Hon'ble Mr. Justice
Ashutosh Kumar and Hon'ble Mr. Justice Abhishek
Reddy in pursuant to remand order dated
Patna High Court CWJC No.1110 of 2026(2) dt.03-02-2026
2/3
26.09.2023 passed by Hon’ble Supreme Court in
Civil Appeal No.6485/2023.”
3. It is submitted by learned counsel for the petitioner
that the case of the petitioner stands on a similar footing to that
of the appellants of L.P.A no.1761 of 2016, which was decided
by judgment dated 20.4.2024, relevant portion of which is
quoted herein below for ready reference :-
“21. The Authority shall promote the
Appellant/Original Writ petitioner from
04.09.2012 i.e., on the date on which the
gradation list for the year 2009-2010 and 2010-
2011 was published on 04.09.2012 where seven
persons junior to the petitioner were promoted.”
4. It is submitted by learned counsel for the petitioner
that the respondents be directed to decide the representation
filed by the petitioner and to grant promotion as has been
granted in the case of the appellants of L.P.A no.1761 of 2016.
5. Learned counsel for the respondents submits that
no representation has been brought on record by the petitioner.
6. Having heard learned counsel for the parties, the
writ application is disposed of directing the petitioner to file a
representation before the Principal Secretary, Road Construction
Department, Bihar (respondent no.2) within a period of two
weeks, which shall be decided by the respondent concerned
Patna High Court CWJC No.1110 of 2026(2) dt.03-02-2026
3/3
within a period of six weeks from the date of its filing.
7. The respondent concerned shall take into
consideration all the points raised by the petitioner in the
representation including the aforesaid judgment dated 20.4.2024
passed in L.P.A no.1761 of 2016.
8. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Shiv/-
U
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