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Patna High Court

Harendra Kumar UpadhyayversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The court declined to grant the writ relief and directed the petitioner to pursue administrative representation, effectively dismissing the petition.

Summary

Harendra Kumar Upadhyay filed a writ petition challenging a 2015 resolution of the Road Construction Department and a 2015 notification that denied his allocation to the department and affected his promotion. He sought quashing of the notification, a mandamus directing the department to backdate his promotion to October 2016, and parity with a fellow engineer, Reji Singh. The petitioner retired in May 2024, rendering the transfer relief moot, and the court noted that the remaining reliefs required the petitioner to file a representation before the Secretary of the Road Construction Department. The court directed the petitioner to file the representation within four weeks and mandated the department to decide within two months, providing any benefits thereafter, or to issue a reasoned order if the representation is rejected. Consequently, the writ application was disposed without granting the substantive reliefs, leaving the matter to be resolved administratively.

Issues considered

  • Whether the 2015 resolution and notification denying the petitioner’s allocation and promotion can be set aside by a writ.
  • Whether the petitioner is entitled to a mandamus directing backdating of his promotion date.
  • Whether the petitioner is entitled to the same benefits as Engineer Reji Singh under the same departmental policy.

Subjects

  • writ petition
  • administrative law
  • public service promotion
  • equality
  • quashing notification
  • mandamus
  • government department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2043 of 2017
                 ======================================================
                 Harendra Kumar Upadhyay S/o Sri Vasudeo Upadhyay R/o Flat no.
                 3A/Gujarmal Bali Raj Apartment Road no. 1, South Shivpuri, Patna, P.S.
                 Shastrinagar, District- Patna.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State Of Bihar through Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, General Administration Department, Government
                 of Bihar, Patna.
           3.    The Secretary, Road Construction Department, Government of Bihar, Patna.
           4.    The Special Secretary, Road Construction Department, Government of
                 Bihar, Patna.
           5.    The Engineer in Chief R.C.D., Government of Bihar, Patna.
           6.    Reji Singh, Assistant Engineer, Bridge Design Circle, Central Design Office,
                 Patna.
           7.    Ram Mohan Singh, Assistant Engineer, Rajya Pul Nirman Nigham, Patna.
           8.    Sri Om Prakash, Assistant Engineer, Road Construction Department, Govt.
                 of Bihar, Patna.
           9.    Dipesh Kumar, Assistant Engineer, Bihar Rajya Pul Nirman Nighan, Patna.
           10. Ajay Prakash, Assistant Engineer, Bihar Rajya Pul Nirman Nigham, Patna.
           11. Ram Bilash Yadav, Assistant Engineer, Bihar Rajya Pul Nirman Nigham,
               Patna.
           12. Ram Kumar Yadav, Assistant Engineer, Bihar Rajya Pul Nirman Nigham,
               Patna.
           13. Mridula Sinha, Assistant Engineer, Road Construction Department, Govt. of
               Bihar, Patna.
           14. Sadhu Saran, Assistant Engineer, Road Construction Department, Govt. of
               Bihar, Patna.
           15. Sunil Kumar Choudhary, Assistant Engineer, Mahatma Gandhi Setu
                Pramandal, Patna.
                                                               ... ... Respondent/s
               ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Purushottam Kr. Jha, Advocate
                                               Mr. Mithilesh Kumar Upadhyay, Advocate
                                               Mr. Vijay Shankar Upadhyay, Advocate
                                               Mr. Bishwash Vijeta, Advocate
                 For the Respondent/s    :     Mr. Ramashray Roy, AC to AAG-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

7   19-01-2026                     Heard learned counsel for the petitioner and learned
Patna High Court CWJC No.2043 of 2017(7) dt.19-01-2026
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          counsel for the respondents.

                      2. The petitioner has filed the instant application for

          the following relief(s) :

                           “1. That this writ application is being filed for
                           setting aside the resolution dated 04.02.2015
                           passed by the committee headed by Secretary,
                           Road Construction Department, Govt. of Bihar,
                           Patna as well as for direction to the authorities to
                           give equal treatment to the petitioner which are
                           being given to the other engineers of Road
                           Construction Department since the date they have
                           been given such benefit and/or for any other order
                           or orders may be passed in the fact and
                           circumstances of the case.”


                      3. Subsequently the petitioner filed I.A. no.1 of 2021

          praying for addition of some reliefs as stated in paragraph no.1

          of the application, which are reproduced herein below :-

                           “i. Issuance of an order, direction or a writ in the
                           nature of certiorari quashing the Notification No.
                           1 / सथा० 19/2007 2777 (S) dated 25.03.2015
                           issued    by    the     Additional   Secretary,   Road
                           Construction Department, Govt. of Bihar, Patna
                           (Respondent No. 4) whereby petitioner's claim for
                           the allocation of his services to the Road
                           Construction Department has been rejected in the
                           following terms:-
                                                 "CWJC    No.   21428/2013     Jh
                                  मधु सद
                                       ू न साह एवं अनय बनाम बबहार राजय एवं
                                  अनय मे          बदनांक 19.02.2014 को पाबरत
Patna High Court CWJC No.2043 of 2017(7) dt.19-01-2026
                                               3/5




                                  नयायादे श के Øe मे अवमाननावाद सं खया
                                  2895/2014 दायर है । बजसमे कुल 8 (आठ)

                                  याबचकाकतारओं मे            से     वतरमान मे    सरर शश
                                       ू न साह (स० अ०) gjsUnz कुमार उपाधयाय
                                  मधु सद
                                  (स० अ०), अजय कुमार (स० अ०), बबनोद
                                  बबहारी शमार (स० अ०), chjsanz कुमार (स० अ०)
                                  एवं राजे श कुमार (स० अ०) xzkeh.k कायर बवभाग

                                  सं वगर के आशतोष (स० अ०) एवं तत्रिदशप कुमार

                                  feJk (स० अ०) भवन बनमारण बवभाग सं वगर के
                                  है ।
                                                 (i) Jh मधु सद
                                                             ू न साह (स० अ०) (ii)
                                  Jh gjsUnz कुमार उपाधयाय (स० अ०), (iii) Jh
                                  अजय कुमार (स० अ०), (iv) Jh fcjsUnz कुमार
                                  (स० अ०) एवं (v) Jh राजे श कुमार (स० अ०)
                                  दारा अपना बवकलप पथ बनमारण बवभाग बदया
                                  गया है । बवभागीय सं कलप सं खया 6115 (एस०)
                                  बदनांक 29.07.2013 के कंबडका 5 (क) के आलोक
                                  मे इन आवे दनो को असवीकृत बकया जाता है । "
                                              A true copy of Notification No. 1/
                                              सथा०   -19/2007       2777   (S)   dated
                                              25.03.2015 is annexed herewith as
                                              Annexure-14 to this Interlocutory
                                              Application.
                           ii. Issuance of an order, direction or a writ in the
                           nature        of     mandamus            commanding     the
                           Respondents concerned to shift back the effective
                           date of promotion to the petitioner on the post of
                           Executive          Engineer       from     19.01.2018    to
                           24.10.2016, the day persons junior to the
                           petitioner namely Mr. Santosh Kumar Bhatt, Mr.
Patna High Court CWJC No.2043 of 2017(7) dt.19-01-2026
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                           Nikhilesh Kumar Sinha, Mr. Nasim Akthar Ansari,
                           Mr. Arun Kumar Singh, Mr. Ghanshyam Mandal,
                           Mr. Prem Nath, Syed Mumtaj Ahmad, Md. Rehan
                           Haider and Mr. Ram Suresh Rai have been
                           granted promotion on the post of Executive
                           Engineer, vide Annexure - 11 at page nos. 77-78
                           to the main writ petition. And in turn the
                           Respondents concerned may be suitably directed
                           to grant all due benefits to the petitioner on the
                           basis of the shifting back the date of his
                           promotion on the post of Executive Engineer from
                           19.01.2018 to 24.10.2016.
                           iii. To hold and declare that since there have been
                           no difference in between the case of the petitioner
                           and the case of Reji Singh (Respondent No. 6), as
                           such, the petitioner may also be granted identical
                           and similar benefits as has been granted to said
                           Respondent No. 6 in the matter of allocation of
                           cadre to the Road Construction Department.
                           iv. For grant of any other additional relief (s) to
                           which the petitioner may be found entitled to in
                           the facts and circumstances of this case.”


                      4. It is fairly submitted by learned counsel for the

          petitioner that during pendency of the instant application, the

          petitioner having retired on 31.5.2024, so far as the additional

          relief (i) is concerned, the same being with respect to transfer

          and posting, it has become infructuous and as such he does not

          press the same.
         Patna High Court CWJC No.2043 of 2017(7) dt.19-01-2026
                                                     5/5




                               5. So far as additional relief (ii) and (iii) made in I.A.

                   no.1 of 2021 is concerned, the petitioner shall file a

                   representation       before     the     Secretary,   Road   Construction

                   Department, Government of Bihar (respondent no.3) within a

                   period of four weeks.

                               6. In case such a representation is filed, the

                   respondent no.3 shall decide the same within a period of two

                   months from the date of its filing and pay the consequential

                   benefits arising out of the said order within the aforesaid period.

                               7. In case the representation of the petitioner does not

                   find favour with the respondent, a reasoned order for the same

                   shall be communicated to the petitioner within the same period.

                               8. The petitioner shall be at liberty to raise all the

                   points raised herein as also otherwise available to the petitioner

                   before the respondent concerned.

                               9. The writ application stands disposed of with the

                   above observation and direction.



                                              (Partha Sarthy, J)
Shiv/-

U


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