Patna High Court
Rabindra Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed as it seeks the same relief as an earlier petition, barred by the doctrine of res judicata.
Summary
Rabindra Kumar Jha filed a writ petition seeking a mandamus directing the State authorities to prepare and publish a fresh, error‑free seniority list for the Kishanganj Collectorate Clerk cadre, correcting discrepancies in the list dated 02‑12‑2023. The State raised a preliminary objection that the petitioner had earlier filed a similar writ (CWJC No. 14059 of 2024) which was disposed of on 19‑09‑2024, directing consideration of his representation. The Court examined the earlier order and found that the earlier petition also sought correction of the same seniority list. Since the present petition essentially seeks the same relief, the Court held it to be barred by the doctrine of res judicata. Consequently, the petition was dismissed with costs of Rs. 5,000 payable by the petitioner.
Issues considered
- Whether the present writ petition is barred by res judicata as it seeks the same relief as an earlier petition filed in CWJC No. 14059 of 2024?
Subjects
- writ petition
- mandamus
- seniority list
- administrative law
- res judicata
- dismissal
- costs
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2965 of 2026
======================================================
Rabindra Kumar Jha Son of Late Durganand Jha, resident of village- Simaria,
P.O. and P.S.- Jokihar, District- Araria (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
3. The District Magistrate-cum-Collector, Kishanganj.
4. The District Establishment Deputy Collector, Kishanganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranav Kumar Jha, Advocate
For the Respondent/s : Mr. Ramadhar Singh, GP-25
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 20-04-2026 Heard learned counsel appearing for the petitioner and
learned counsel appearing for the State.
2. The petitioner has filed the present writ petition for
the following relief/s :-
“That this writ application is being
filed for issuance of an appropriate writ/writs
or order/orders in the nature of Mandamus
commanding and directing the Respondents to
prepare and publish a fresh error free seniority
list of Kishanganj Collectorate Clerk Cadre by
rectifying the discrepancy in the finally
approved seniority list published on 2.12.2023
in accordance with the Law laid down by this
Hon’ble Court in this regard to the extent that
inter se seniority among the persons who were
appointed by two different Selection Process or
Recruitment year should be calculated from the
date of recruitment year i.e. when the
Patna High Court CWJC No.2965 of 2026(2) dt.20-04-2026
2/3
recruitment process was initiated and also
considering the government circulars issued
time to time in this regard as much as the
principal laid down in this regard to the extent
that inter se seniority of the persons of same
Selection Process/Recruitment Year should be
calculated from the place of the order of merit
in the merit-cum-selection list and considering
the higher post with higher pay scale against
which they have been appointed and enter in
the same cadre of service and for any other
relief or reliefs for which the petitioner is found
entitled in the facts and circumstances of the
case.”
3. Learned counsel appearing on behalf of the State
has raised a preliminary objection, submitting that the petitioner
had earlier approached this Court in CWJC No. 14059 of 2024,
which was disposed of vide order dated 19.09.2024, with a
direction to the competent authority to consider the
representation already filed by the petitioner. It is further
submitted that the relief sought in the present writ petition is
identical to that sought in the earlier writ petition.
4. Upon perusal of the order dated 19.09.2024 passed
in CWJC No. 14059 of 2024, it appears from paragraph 2
thereof that the said writ petition was filed for issuance of a writ
in the nature of mandamus directing the concerned respondents
to consider the case of the petitioner for promotion to the post of
Head Clerk in the Kishanganj Collectorate, upon correction of
the seniority list of the Clerk cadre published on 02.12.2023.
Patna High Court CWJC No.2965 of 2026(2) dt.20-04-2026
3/3
5. In the present case, the writ petition has been filed
for issuance of a writ in the nature of mandamus directing the
respondents to prepare and publish a fresh, error-free seniority
list of the Kishanganj Collectorate Clerk cadre by rectifying the
discrepancies in the final seniority list published on 02.12.2023.
6. It transpires from the records that the earlier writ
petition was also filed seeking correction of the seniority list
dated 02.12.2023, and the present writ petition seeks
substantially the same relief.
7. In such circumstances, this Court is of the
considered view that the present writ petition has been filed for
the same relief as sought in the earlier writ petition.
8. Accordingly, the present writ petition is dismissed
with costs of Rs. 5,000/-, which shall be payable by the
petitioner in High Court Legal Services Committee, Patna.
(Dr. Anshuman, J)
Ashwini/-
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