Patna High Court
Abdul Wahab AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner must first file a fresh representation before the Principal Secretary, after which the matter will be decided by the respondent within the stipulated time, and therefore the writ petition was disposed of without deciding the merits.
Summary
The petitioner, Abdul Wahab Ansari, a civil servant, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to promote him from Additional District Magistrate to Joint Secretary with corresponding pay and grade. He alleged that a Departmental Promotion Committee meeting held on 23-05-2014 denied his promotion despite his representation filed on 28-11-2017 invoking specific departmental resolutions. The respondents did not file a counter‑affidavit. The High Court, after hearing counsel, declined to adjudicate the merits and instead directed the petitioner to file a fresh representation before the Principal Secretary within four weeks. The court further ordered that the representation be decided by the respondent within two months and the order communicated to the petitioner. Consequently, the writ application was disposed of without any substantive order on promotion.
Issues considered
- What is the appropriate remedy when a civil servant's promotion is denied by a Departmental Promotion Committee?
- Whether the High Court can issue a writ of mandamus directing promotion without a fresh representation by the petitioner.
Subjects
- promotion
- mandamus
- Departmental Promotion Committee
- civil service
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1951 of 2022
======================================================
Abdul Wahab Ansari S/o Niazamuddin Ansari R/o Village - Ishrat Villa,
Aman vihar, Sector - 2, Haroon Nagar, P.S. - Phulwarisharif, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. All Members of the then Departmental Promotion Committee.
2.1. Shri Damendra Singh Gangwar, the Principal Secretary, General
Administration Department, Govt. of Bihar, Patna, P.S.- Old Secretariat,
District- Patna.
2.2. Shri Sunil Kumar Singh, the Principal Secretary, Mines and Geology
Department, Govt. of Bihar, Patna, P.S.- Old Secretariat, District- Patna.
2.3. Shri Sahasi Kant Singh, Special Secretary, General Administration
Department, Govt. of Bihar, Patna, P.S.- Old Secretariat, District- Patna.
2.4. Shri Rajendra Ram, the Joint Secretary, Secretary, General Administration
Department, Govt. of Bihar, Patna, P.S.- Old Secretariat, District- Patna.
2.5. Shri Ashok Kumar Chauhan, Member of Finance Department, Secretary,
General Administration Department, Govt. of Bihar, Patna, P.S.- Old
Secretariat, District- Patna.
3. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
4. The Joint Secretary, General Administration Department, Govt. of Bihar,
Patna.
5. The Under Secretary, General Administration Department, Govt. of Bihar,
Patna.
6. The Section Officer, General Administration Department, Govt. of Bihar,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Rai, Advcoate
For the Respondent/s : Mr. Sheo Shankar Prasad, S.C.-8
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
Patna High Court CWJC No.1951 of 2022(3) dt.15-04-2026
2/3
the following relief(s):
“(i) To issue an appropriate order/s,
direction/s including a writ preferably in the nature of
Mandamus directing and commanding upon the
respondents to promote the petitioner from the ADM
(Addl. District Magistrate) rank to the rank of Joint
Secretary level post on pay band Rs. 37,400/--67,000/-
and Grade pay Rs. 8700/- from the date 23-05-2014.
(ii) To direct the respondent to consider the
case of the petitioner for promotion on the ground that
a meeting of Departmental Promotion Committee was
held on 23-05-2014 whereby the promotion of the
petitioner was denied by the proceeding of DPC held
on dated 23.05.2014 and signed on 27.05.2014.
(iii) To direct the respondents to make the
promotional monetary benefit and differences of salary
arising out of the same on account of promotion to
which the petitioner was entitled.
(iv) To any other relief/s to which the
petitioner is entitled in facts and circumstances of the
case.”
3. Having heard learned counsel for the parties and
having perused the contents of the petition, it transpires that the
petitioner filed a representation before the Principal Secretary,
General Administration Department, Bihar on 28.11.2017 to
promote the petitioner in light of the provisions laid down in
resolution dated 25.3.2008 and the resolution no.7457 dated
11.9.2002 of the Department of Personnel and Administrative
Reforms. The respondents not having acted on the
Patna High Court CWJC No.1951 of 2022(3) dt.15-04-2026
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representation of the petitioner, the instant application has been
filed for the reliefs as stated herein above.
4. No counter affidavit has been filed in the case.
5. In view of the above, the petitioner is directed to
file a fresh representation before the Principal Secretary,
General Administration Department, Government of Bihar
(respondent no.3) within a period of four weeks.
6. On filing of the said representation, the same shall
be decided by the respondent no.3 within a period of two
months from the date of its filing and the order passed therein
shall be communicated to the petitioner forthwith.
7. It may be clarified that the Court has not entered
into the merits of the case of the petitioner which is to be
decided by the respondent concerned.
8. The writ application stands disposed of.
(Partha Sarthy, J)
Saurabh/-
U
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