Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court directed petitioner No. 2 to file a fresh representation for confirmation of service and promotion, to be decided by the concerned authority within the stipulated time.
Summary
The petitioners, Jitendra Kumar and Bhola Kumar Das, employees of the Bihar Public Health Engineering Department, filed a writ petition seeking statutory promotions (ACP and MACP) with associated financial benefits, invoking a finance department letter and relevant service rules, and citing a prior High Court decision allowing promotions without departmental exams. The State contended that Bhola Kumar Das's grievance could not be addressed because his service had not been confirmed. The Court examined whether the confirmation of service lay within the respondent's jurisdiction and whether the petitioners were entitled to the claimed promotions. It held that the confirmation of Bhola Kumar Das's service is a matter for the respondent and directed him to file a fresh representation within 30 days. The authority was further instructed to decide on his confirmation and promotion within 90 days, leaving the other reliefs unaddressed in this order.
Issues considered
- Whether the petitioners are entitled to promotions and financial benefits without undergoing departmental examinations.
- Whether the confirmation of service of petitioner No. 2 (Bhola Kumar Das) lies within the jurisdiction of the respondents.
- Whether the court can grant the reliefs sought in the writ petition pending confirmation of service.
Subjects
- promotion
- confirmation of service
- departmental examination
- writ petition
- public health engineering department
- civil service
- financial benefits
- service rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.424 of 2025
======================================================
1. Jitendra Kumar S/o Late Ratneshwar Prasad Singh, R/o Market Complex,
Ancillari Chowk Tupudana, Khuti Road Near Hanuman Mandir, P.S.
Dhurwa, Disst- Ranchi at present residing at At and Post- Tuniyahi
Uttarwari, P.S. and District- Madhepura.
2. Bhola Kumar Das S/o Devlal Das, R/o Village- Durgapur, Ward No. 12, P.S.
Raghopur, Dist- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Govt. of
BIhar, Patna.
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Engineer-in-Chief, Public Health Engineering Department, Govt. of
Bihar, Patna.
5. The Chief Engineer, Public Health Engineering Department, Patna.
6. The Zonal Chief Engineer, Purnea Zone, Purnea.
7. The Superintending Engineer, Public Health Engineering Circle, Saharsa.
8. The Executive Engineer, Public Health, Division, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Government Pleader (4)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 27-04-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
I. To grant due promotions to the
petitioners i.e. 1st ACP with effect from
02.02.2005, 2nd MACP with effect from
02.02.2013 and 3rd MACP with effect from
Patna High Court CWJC No.424 of 2025(3) dt.27-04-2026
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02.02.2023 in light of the letter no. 163
dated-08.01.2016 of the Finance Dept. Govt.
of Bihar as well as in light of the ACP, Rule-
2003 and MACP, Rule, 2008 with its arrears
with statutory as well as penal interest for
delayed payment.
II. And/or be pleased to grant the
financial benefits after granting promotions
even without passing the Departmental
Exams in light of the order dated-
28.06.2024 passed in CWJC No.18727 of
2017 (Kamlanand Thakur & Ors Vs. The
State of Bihar & Ors) by the Hon'ble Full
Bench of Hon'ble Patna High Court along
with other analogous cases.
III. To make the service of the
petitioners continue for all effects and
purposes and for all consequential benefits
specially for grant of three promotions after
completion of 10,20&30 years of service
with due dates and accordingly revise the
salary.
IV. And/or be pleased to pass such
other order/orders which may be deemed fit
and proper in the facts and circumstances of
the case.
3. Learned counsel for the petitioners submits that
only the grievance of petitioner No. 1 has been settled, and the
grievance of petitioner No. 2 is still not redressed.
Patna High Court CWJC No.424 of 2025(3) dt.27-04-2026
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4. Learned counsel for the State submits that the
grievance of petitioner No. 2 could not be settled solely for the
reason that the services of petitioner No. 2 have not been
confirmed till date.
5. It transpires to this Court that petitioner No. 2 is an
employee of the State, and the question of confirmation lies
with the respondent.
6. In this view of the matter, petitioner No. 2 is hereby
directed to file a fresh representation within 30 days from today
before the concerned authority, and the authority shall pass an
order with regard to confirmation as well as ACP of the
petitioner No. 2 in accordance with law within 90 days
thereafter.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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