Patna High Court
Umeshwar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that the petitioner’s promotion grievance must be decided by the constituted three‑men committee within three months, and accordingly disposed the writ petition.
Summary
The petitioner, Umeshwar Kumar, filed a writ petition seeking his promotion to Head Clerk in the Civil Surgeon’s office in Aurangabad on the ground of seniority, invoking an order dated 05.11.2024 that directed his posting. He alleged that the authorities deliberately failed to consider his case, making the decision arbitrary and unreasonable. The State contended that a three‑men committee had been constituted by Order No. 1016(4) dated 25.06.2025 to consider his and similar cases, and that a decision would be forthcoming. The Court examined whether the petitioner’s right to promotion based on seniority could be enforced through a writ and whether the committee must be directed to decide within a reasonable time. It directed the Secretary, Health and Family Welfare Department to ensure the committee decides the petitioner’s case within three months of the order, and held that the writ petition stands disposed. The petitioner was left free to approach a higher forum if the committee’s decision is unsatisfactory.
Issues considered
- Whether the petitioner is entitled to promotion as Head Clerk on the basis of seniority and whether the failure to consider seniority is arbitrary, unreasonable, and violative of law.
- Whether the court can direct the administrative committee to decide the promotion grievance within a stipulated time.
Subjects
- promotion
- seniority
- administrative law
- writ jurisdiction
- health services
- Bihar
- arbitrary
- unreasonable
- committee
- civil service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.288 of 2025
======================================================
Umeshwar Kumar S/o Late Ramdin Prasad, R/o Village and Post- Itawan,
P.S.- Haspura, Aurangabad, District- Aurangabad, Bihar-821420.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Health and Family Welfare
Department, Government of Bihar, Patna.
2. The Director in Chief, Health Services, Bihar, Patna.
3. The Regional Deputy Director, Health Services, Magadh Division, Gaya.
4. The Civil Surgeon cum Chief Medical Officer, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roona, Advocate
For the Respondent/s : Mr. Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For Issuance of an
order/direction/appropriate writ directing the
Respondent No. 4 to consider the case of the
Petitioner for his promotion/posting as Head
Clerk in Civil Surgeon Office, Aurangabad on
the basis of his seniority and also in the light
of order of the Respondents No. 3 as
contained in Annexure-7 whereby Regional
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Dy. Director has directed the Civil Surgeon,
Aurangabad to post the Petitioner as Head
Clerk in the office of Civil Surgeon,
Aurangabad based on his Seniority.
II. For declaration that posting/promotion in
clerical cadre without considering the
seniority as per gradation list of the clerical
cadre of Aurangabad surgency to be
unreasonable, arbitrary and bad in the eyes of
law.
III. Any other order/orders for which the
petitioner is found entitled to in the facts and
circumstances of the present case.”
3. Learned counsel for the petitioner submits that the
petitioner is entitled for the promotion being senior most person
in the department and to be appointed on the post of Head Clerk
in the office of Civil Surgeon, Aurangabad. Counsel submits
that with regard to the petitioner, decision has been taken at the
level of Regional Deputy Director cum Regional Additional
Director, Health Services, Magadh Division, Gaya vide
Annexure-7 i.e. letter No. 728 dated 05.11.2024. Counsel
submits that the petitioner’s case has not been considered
intentionally.
4. Learned counsel for the State, on the other hand,
submits that counter affidavit and supplementary counter
Patna High Court CWJC No.288 of 2025(3) dt.15-04-2026
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affidavit both have been filed. Counsel submits that Annexure-
R-4/C i.e. Order No. 1016(4) dated 25.06.2025 indicates that a
committee has already been formed for consideration of the case
of the petitioner and others and at the earliest, decision with
regard to the petitioner shall be taken place.
5. In response thereof, counsel for the petitioner
submits that the writ petition may be disposed off directing the
respondent authorities to place his case before the committee
and the committee may decide the case of the petitioner for
promotion within a stipulated period of time.
6. In the light of the submissions made and the
pleadings particularly, Order No. 1016(4) dated 25.06.2025
(annexed as Annexure-R-4/C to the supplementary counter
affidavit), it is hereby directed to the Secretary, Health and
Family Welfare Department, Government of Bihar, Patna to do
all the needful so that the constituted Three Men Committee
vide Order No. 1016(4) dated 25.06.2025 shall take decision
with regard to the petitioner within three months from the date
of production of a copy of this order. If the petitioner’s
grievance is not redressed, then the petitioner shall be at liberty
to challenge the said decision of the Committee before the
appropriate forum.
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7. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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