Patna High Court

Rama Shankar DubeyversusThe State Of Bihar and Ors

Decided: 7 April 2026
Disposal: DISMISSED
Bench: RITESH KUMAR

Holding

The petition is dismissed as the petitioner is beyond the age of superannuation, making any appointment futile.

Summary

The petitioner, Rama Shankar Dubey, filed a writ petition seeking a direction to the State of Bihar to appoint him as a clerk based on Sankalp No. 27 dated 12‑01‑2010 and to grant him the same benefits as others appointed under that scheme. At the time of filing, the petitioner was 58 years old and had already crossed the statutory age of superannuation in 2015. No respondents appeared before the court. The court observed that ordering an appointment for a person who has already retired would be a futile exercise. Consequently, the writ petition was dismissed.

Issues considered

Whether a court can direct the appointment of a person who has already attained the age of superannuation.
Whether the writ petition is maintainable in view of the petitioner’s retirement status.

Subjects

appointment
clerk
age of superannuation
writ petition
public service
administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.21333 of 2013
                 ======================================================
                 Rama Shankar Dubey S/O Late Ram Naresh Dubey Resident Of Village-
                 Amarhi, P.O- Rajandih, P.S- Rampur, District- Rohtas At Sasaram.

                                                                          ... ... Petitioner/s
                                                   Versus
           1.    The State Of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    Nodal Padadhikari Cum Director Jan Siksha Bihar, Patna.
           3.    Principal Secretary, Human Resources Department Of Government Of
                 Bihar, Patna.
           4.    District Education Officer, Rohtas At Sasaram
           5.    Deputy Development Commissioner Cum Chairman, District- Education
                 Committee, Rohtas At Sasaram.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Shambhu Nath Choubey, Advocate
                 For the Respondent/s   :     None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

5   07-04-2026                     Heard the learned counsel for the petitioner.

                   However, noone appears for the State-respondents.

                               2. The petitioner has filed the present writ petition for

                   a direction upon the respondents to appoint the petitioner on the

                   post of Clerk in the light of the Sankalp No. 27 dated

                   12.01.2010 as contained in Annexure-1 and to grant all

                   consequential benefit equivalent to other persons appointed on

                   the said basis.

                               3. It appears from the record that at the time of filing

                   the writ petition, the petitioner was 58 years of age and has

                   already crossed the age of superannuation in the year, 2015.
          Patna High Court CWJC No.21333 of 2013(5) dt.07-04-2026
                                                     2/2




                    Therefore, if any direction will be issued to the respondents, that

                    will be a futile exercise.

                                4. Accordingly, the writ petition is dismissed.



                                               (Ritesh Kumar, J)
AjayMishra/-

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