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Patna High Court

Ravindra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                           2/3




          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
                                                       3/3




                      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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