Created by Fuzzy Cloud

Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the question of a second promotion is a separate cause of action and cannot be decided in the present writ petition; the petitioner must file a fresh representation.

Summary

The petitioner, Jitendra Kumar, a government Under Secretary, filed a writ petition seeking to quash an order that denied his promotion to Deputy Secretary, arguing that he should be promoted from the date his junior was promoted on 9 December 2024. He also sought consequential benefits and costs. The State contended that the petition was not maintainable. The Court held that the issue of a second promotion constitutes a separate cause of action and cannot be decided within the present writ petition. Accordingly, the Court disposed of the writ petition, directing the petitioner to file a fresh representation before the concerned authority within 30 days, which must be acted upon within 90 days. The interim application filed with the petition was also dismissed, and the writ application was marked disposed.

Issues considered

  • Whether the petitioner is entitled to promotion to Deputy Secretary from the date his junior was promoted.
  • Whether the writ petition is maintainable for seeking a shift in the promotion date.
  • Whether the matter of second promotion is a separate cause of action requiring a fresh petition.

Subjects

  • promotion
  • civil service
  • writ jurisdiction
  • cause of action
  • administrative law
  • representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7346 of 2025
                 ======================================================
                 Jitendra Kumar Son of Late Rameshwar Lal Chouhan, resident of 305-A,
                 Girija Garden Apartment, Near S.B.I. Rajbanshi Nagar Branch, New
                 Punaichak, Post Office Shastrinagar, Police Station Shastrinagar, District and
                 Town Patna, Bihar, presently posted as Under Secretary in the Prohibition,
                 Excise and Registration Department, Government of Bihar, Patna

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar represented through the Chief Secretary, Government of
                 Bihar, Patna
           2.    The Additional Chief Secretary, General Administration Department
                 Government of Bihar, Patna
           3.    The Additional Secretary, General Administration Department Government
                 of Bihar, Patna
           4.    Umesh Prasad Gupta, Presently Posted as Deputy Secretary in water
                 Resources Department, Government of Bihar, Patna
           5.    Pramod Kumar, presently posted as Deputy Secretary in Vigilance
                 Department, Government of Bihar, Patna
           6.    Anjani Kumar Sahai, presently posted as Deputy Secretary, Urdu
                 Directorate, Cabinet Secretariat Department, Government of Bihar, Patna
           7.    Rajeev Barnard Kujur, presently posted as Deputy Secretary in Water
                 Resources Department, Government of Bihar, Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Kumar Ravish, Adv.
                 For the Respondent/s   :      Mr.K.K. Singh, AC to GP22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   24-03-2026                     Heard Learned Counsel for the petitioner and

                   Learned Counsel for the State.

                               2. The present writ petition has been filed with the

                   following reliefs:-

                                              a. To quash and set aside Annexure P/10
                                  i.e. an order contained in Memo No. 6483 dated
                                  9.4.2025 issued under the signature of the
Patna High Court CWJC No.7346 of 2025(2) dt.24-03-2026
                                            2/3




                          Respondent No. 3 by which a representation dated
                          18.03.2025 (Annexure P/9) filed by this petitioner
                          was rejected and he was held to be not entitled for
                          promotion to the post of Deputy Secretary from the
                          present post of Under Secretary from the date his
                          first junior, namely, Shri Umesh Prasad Gupta was
                          promoted as Deputy Secretary in Level 12 of Pay
                          on 09.12.2024 (Annexure P/8).
                                        b. To hold and declare that the petitioner
                          is entitled for his promotion to the post of Deputy
                          Secretary in Level 12 from the date his first junior,
                          above named, was promoted on 09.12.2024
                          (Annexure P/8).
                                        c. To direct for payment of consequential
                          benefits as per the extant norms of the State
                          Government from the date of joining of the junior
                          to the promoted post and with a further direction to
                          pay arrears thereof forthwith.
                                        d. To direct for payment of cost of this
                          litigation.
                      3. Learned counsel for the petitioner submits that the

          counter-affidavit has been filed in which no any relief was

          accepted, but subsequently, after filing the counter-affidavit,

          they have granted benefit to the petitioner only grievance left

          that the date of effect of granting benefit has to be shifted back

          from the date of one junior (respondent No.4) to the petitioner.

          He further submits that during pendency of the writ petition,
          Patna High Court CWJC No.7346 of 2025(2) dt.24-03-2026
                                                      3/3




                    junior to the petitioner has granted further benefits.

                                4. In the light of the submissions made, it transpires to

                    this Court that the question of second promotion is basically

                    another cause of action for which the petitioner has to file a

                    fresh writ petition. So far as the shifting of date of promotion is

                    concerned, the present writ petition is hereby disposed off

                    directing the petitioner to file a representation before the

                    concerned authority with all supportive documents within 30

                    days along with this order and the concerned authority shall

                    grant benefit to the petitioner from a particular date as

                    demanded within 90 days after receiving the same.

                                5. So far as I.A. No.1 of 2026 is concerned, which has

                    been filed in the present writ petition, the said I.A. is also

                    disposed off in the light of liberty granted above.

                                6. With the aforesaid directions and observations, the

                    present writ application stands disposed off.



                                                            (Dr. Anshuman, J)
Prakashmani/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.