Patna High Court
Dindayal @ Dindayal UpadhyayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not grant the writ of mandamus but directed the petitioner to produce his representation and the respondent to furnish reasons, thereby disposing the petition.
Summary
The petitioner, Dindayal Upadhyay, filed a writ petition seeking a mandamus directing the Bihar Health Department to correct his designation in the 2025 seniority list of the clerical cadre to 'Pradhanlpik Sah lekha pal' (Head Clerk Cum Accountant). He claimed that his representation submitted to the Officer on Special Duty cum Director General (Ayush) Health Department had not been acted upon. The State argued that there was no instruction on how to dispose of the representation. The Court directed the petitioner to submit a copy of his representation and a copy of the order to the respondent within 30 days. It further ordered the respondent to provide reasons for its decision within 90 days of receipt. Consequently, the writ petition was disposed without granting the relief sought.
Issues considered
- Whether the petitioner is entitled to a mandamus directing correction of his designation in the seniority list
- Whether the respondent authority is obligated to decide the petitioner's representation within a reasonable time
Subjects
- seniority list
- designation
- mandamus
- writ petition
- administrative law
- public service
- Ayush
- Health Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7484 of 2025
======================================================
Dindayal @ Dindayal Upadhyay Son of Late Baikunth Upadhyay Resident of
Village-House Dhanwantri Bhawan Sadisopur, P.S. Bihta, District-Patna At
Present Residing Mohalla-Devi Asthan Beure, P.S. Beure, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Health Department,
Government of Bihar, Patna.
2. The Joint Secretary, Health Department, Government of Bihar, Patna.
3. The Special Secretary, (Ayush) Health Department Bihar, Patna.
4. The Deputy Secretary (Ayush) Health Department Bihar, Patna.
5. The Officer on Special Duty Cum Director General (Ayush) Health
Department Bihar, Patna.
6. The Director (Indigenous Medicine) (Ayush) Health Department Bihar,
Patna.
7. The Deputy Director (Indigenous Medicine) (Ayush) Department of Health
Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava, Advocate
For the Respondent/s : Mr. Government Pleader (3)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 31-03-2026 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. That this writ petition is for issuance of the
nature of Mandamus Commanding and
directing to the respondent authority for the
modify the designation of petitioner as
(Pradhanlpik Sah lekha pal) to final and last
Patna High Court CWJC No.7484 of 2025(2) dt.31-03-2026
2/3
seniority list 2025 of Clerical Cadre is
mentioned at Serial no. 5 As (Annexure -9)
issued vide Memo No. 156 (de-chi) dated
30.01.2025, where is the correct name with
designation has been published at Serial no. 5
on web side to provisional Seniority list for
press release on 25.06.2024 vide Memo No.
632 Aa-chi). As such also directed to
respondent authority to consider the
recommended application vide letter no. 15
dated 04.02.25 by the official head for
correction of last Seniority list 2025 as posting
place of petitioner. Should not be obstructed
from the post of Pradhan lipik Sah lekha pal
(Head clerk Cum Accountant).
II. And grant of any appropriate relief and
reliefs which the petitioner may be legally
entitled to the facts and circumstances of the
present case.”
3. Learned counsel for the petitioner submits that for
fulfillment of his grievance, he has filed representation before
the Officer on Special Duty cum Director General (Ayush),
Health Department, Bihar, Patna, but no decision has been
taken.
4. Learned counsel for the State submits that there is
no instruction about disposal of the petitioner’s representation.
Patna High Court CWJC No.7484 of 2025(2) dt.31-03-2026
3/3
5. As such, the petitioner is directed to produce a copy
of his representation as well as copy of this order before the
Officer on Special Duty cum Director General (Ayush), Health
Department, Bihar, Patna (Respondent no.5), within 30 days
from today. The Respondent no.5 upon receiving the petitioner’s
representation is directed to pass order assigning reasons, within
90 days thereafter.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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