Patna High Court
Deenanath KumarversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition is disposed of, with the Court directing the petitioner to re‑file his representation and the Chief Post Master General to pass a reasoned order within the stipulated time.
Summary
The petitioner, Deenanath Kumar, filed a writ petition seeking a mandamus directing the Staff Selection Commission and related postal authorities to accept his appointment to a suitable post following his successful selection in the Combined Higher Secondary Level Examination 2020. He claimed that he had submitted a representation (Annexure‑P/8) regarding his appointment, but the respondents failed to act on it. The Union of India raised a preliminary objection, suggesting that the authority should first decide on the representation. The Court ordered the petitioner to re‑file his representation before the Chief Post Master General, Bihar Circle, within 30 days, and directed that authority to issue a reasoned order within 90 days, without delving into the merits of the case. Consequently, the writ petition was disposed of with these directions.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing his appointment to a suitable post after selection.
- Whether the responding authorities are required to decide on the petitioner’s representation before any further relief.
Subjects
- writ of mandamus
- appointment
- Staff Selection Commission
- representation
- reasoned order
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.671 of 2024
======================================================
Deenanath Kumar S/o Laldeo Roy, Resident of Village- Jethui, P.O - Hajipur
Industrial Area, P.S- Industrial Area, Dist - Vaishali.
... ... Petitioner/s
Versus
1. The Union of India through the Chairman, Staff Selection Commission
(Central Region), Ministry of Personal, Public Grievance and Pensions
Kendriya Sadan, 34A, MG Road, Prayagraj-02.
2. The Chairman, Staff Selection Commission (Central Region), Ministry of
Personal, Public Grievance and Pensions Kendriya Sadan, 34A, MG Road,
Prayagraj-02.
3. The Chief Post Master General, Bihar Cirlce, Patna.
4. The Post Master General, East Zone, Bhagalpur, Distt.- Bhagalpur.
5. The Superintendent RMS, N.B Division, Samastipur, Dist- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Thakur, Adv.
For the Respondent/s : Mr.Amish Kumar, Adv.
Mr.Satish Kumar Mehta, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 03-02-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the Union of India.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed with the following reliefs:-
“That this writ application is being filed on
behalf of the petitioner above named for issuance of a writ
in the nature of Mandamus, directing and commanding the
respondents' authorities to accept the joining of the
petitioner, at the suitable post in terms of his selection made
by the Respondent No.2 pursuant to combined Higher
Secondary Level, Examination - 2020, in which the
petitioner has been declared successful. And for any
other/orders, writ/writs, direction/directions, as this
Hon'ble Court thinks fit and proper in the facts and
Patna High Court CWJC No.671 of 2024(3) dt.03-02-2026
2/2
circumstances of this writ petition.”
3. Counsel for the petitioner further submits that for
redressal of his grievance, the petitioner had filed representation
vide Annexure-P/8, but the respondent authorities kept mum on
the said representation.
4. Counsel for the Union of India raised preliminary
objection and submits that a direction may be given to the
concern authority to take decision on the representation of the
petitioner.
5. In the light of the submissions made, the present
writ petition is hereby disposed of, directing the petitioner to file
the said representation (Annexure-P/8) again before the Chief
Post Master General, Bihar Circle, Patna (respondent No.3)
within 30 days along with this order and the respondent No.3
shall pass a reasoned and speaking order in the light of the said
representation without entering into merit or demerit of the case,
within 90 days after receiving the same.
6. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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