Patna High Court
Ravindra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The writ petition is disposed of, with a direction to the Principal District and Sessions Judge, Lakhisarai, to consider the petitioner’s representation within twelve weeks.
Summary
Ravindra Prasad, a retired Assistant (Grade‑I) who had been posted as I/C District Judge, filed a writ petition seeking enforcement of Order No. 65(M)/22 dated 15‑12‑2022 which granted him promotion benefits. Five days later, the authority issued Order No. 71(M)/22 dated 20‑12‑2022 staying the promotion. The petitioner also submitted a representation to the Principal District and Sessions Judge, Lakhisarai, which remains pending. The High Court, after noting the pending representation, declined to entertain the writ further and instead directed the Principal District and Sessions Judge to consider the representation within twelve weeks. Consequently, the writ petition was disposed of.
Issues considered
- What is the appropriate remedy for the petitioner when a promotion order has been stayed by a subsequent order?
- Whether the High Court should entertain the writ petition despite the existence of a pending representation before the concerned authority.
Subjects
- promotion
- superannuation
- writ petition
- implementation of order
- administrative law
- representation
- judicial review
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20891 of 2025
======================================================
Ravindra Prasad Son of Late Ramautar Ram (Prasad), Resident of Mohalla-
Garhpar (Killa Par), P.O. and P.S.- Biharsharif, District- Nalanda (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Law Secretary, Government of Bihar, Patna,
Bihar.
2. The High Court of Judicature at Patna, through the Registrar General, Patna
High Court, Patna.
3. The Registrar General, Patna High Court, Patna, Bihar.
4. The Convener, Centralized Selection and Appointment Committee-cum-
District and Sessions Judge, Patna, Bihar.
5. The Office of the District and Sessions Judge, Lakhisarai, District-
Lakhisarai, Bihar through Judge, Administration, Lakhisarai.
6. The Chairman Screening Committee, Civil Court, Lakhisarai, District-
Lakhisarai, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Respondent/s : Mr. Ravi Kumar, AC to GP-13
Mr. Akshay Lal Prasad, AC to GP-13
For the Res. Nos. 2-6 : Mr. Piyush Lall, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 27-02-2026 Heard the parties.
2. The petitioner has superannuated on 31.12.2023
while working as Assistant (Grade-I) and posted as I/C District
Judge, Sheristedar under the Judgeship of Lakhisarai has
approached this Court seeking implementation of the Order No.
65(M)/22 dated 15.12.2022 issued by the District and Session
Judge, Lakhisarai whereby and whereunder the financial
benefits in terms of promotion has been granted to the
Patna High Court CWJC No.20891 of 2025(2) dt.27-02-2026
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petitioner.
3. Learned Advocate for the petitioner submitted that
surprisingly after five days of the issuance of the aforenoted
order, the concerned authority has come out with a fresh Order
bearing No. 71(M)/22 dated 20.12.2022, by which the order of
promotion granted on 15.12.2022 is stayed till further direction.
4. After some argument, learned Advocate for the
petitioner submitted that for redressal of the grievance, the
petitioner has also filed a detailed representation before the
Principal District and Sessions Judge, Lakhisarai and the same
is pending consideration till date.
5. Mr. Piyush Lall, learned Advocate for the
respondent nos. 2-6 fairly submitted that since the petitioner has
already approached before the concerned authority, who shall
look into the matter and pass appropriate order.
6. Having considered the limited grievance of the
petitioner and taking note of the fact that the petitioner has also
filed a representation, this Court instead of keeping the matter
pending, deems it fit and proper to dispose off the writ petition
with a direction to the Principal District and Sessions Judge,
Lakhisarai to consider the representation of the petitioner dated
13.12.2024, the copy of which is marked as Annexure-P/4 and
Patna High Court CWJC No.20891 of 2025(2) dt.27-02-2026
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pass an appropriate order, preferably within a period of twelve
weeks, from the date of receipt/production of a copy of this
order.
7. Accordingly, the writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
U
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