Patna High Court

Kalim AhamadversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The petitioners have no entitlement to the relief unless the pending S.L.P. (C) No. 38217 of 2025 is decided in their favour, in which case they may revive the writ petition.

Summary

Thirteen lower‑division clerks filed a writ petition before the Patna High Court seeking relief against the State of Bihar, the Secretary of the General Administration Department and the District Magistrate. Both sides agreed that a Full Bench of the same court had earlier ruled in C.W.J.C. No. 23831 of 2018 that the petitioners were not entitled to the relief claimed. The court noted that if the pending S.L.P. (C) No. 38217 of 2025, filed by similarly situated persons, is decided in their favour, the petitioners may be entitled to the same relief. Consequently, the court disposed of the writ petition but granted the petitioners liberty to revive it by filing an application should the S.L.P. be decided favourably. The order therefore leaves the petitioners without immediate relief but preserves a conditional right to re‑file.

Issues considered

What entitlement, if any, do the petitioners have to the relief sought under service law?
Whether the earlier Full Bench decision in C.W.J.C. No. 23831 of 2018 bars the present petitioners from obtaining relief.

Subjects

writ petition
service matters
entitlement
precedent
revival of petition
civil writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8621 of 2024
     ======================================================
1.    Kalim Ahamad S/O Late Izhaar Ahamad, R/O- Near Balaji Petrol Pump,
      Mehandiyabadi, Ward No-27, P.O- Bettiah, P.S- Manuapul, Dist.- West
      Champaran, Presently Working as Lower Division Clerk in the Circle
      Office, Gaunaha, West Champaran.
2.   Ganesh Sah, S/O Late Shiv Sah, R/O- Madhopur, Ward No-4, P.S-
     Majhouliya, Dist.- West Champaran, Presently Working as Lower Division
     Clerk in District Establishment Office, Bettiah, West Champaran.
3.   Santosh Kumar, S/O- Late Mahabir Sah, R/O- At- Ramgarhwa, P.O and P.S-
     Ramgarhwa, Dist.- East Champaran, Presently Working as Lower Division
     Clerk in Block Development Office, Sikta, West Champaran.
4.   Chandkishor Prasad, S/O- Late Sury Bhagat, R/O- Shivganj, Ward No-8,
     P.O- Narkatiaganj, P.S- Shikarpur, Dist.- West Champaran, Presently
     Working as Lower Division Clerk in Block Development Office, Ramnagar,
     West Champaran.
5.   Ravindra Mahto, S/O- Ganga Mahto, R/O- Churiharwa, ward No-4, P.O-
     Bakhari Pachrukhiya, P.S- Ramnagar, Dist.- West Champaran, Presently
     Working as Lower Division Clerk in the Circle Office Ramnagar, West
     Champaran.
6.   Md. Imtiyaj Siddique, S/O- Late Ajim Siddique R/O- Vill- Chakani, P.O-
     Rajwatiya, P.S- Bagaha, Dist.- West Champaran, Presently Working as
     Lower Division Clerk in District Election Office, Bettiah, West Champaran.
7.   Deepak Kumar Tripathi, S/O- Late Narayan Tripathi, R/O- Vill- Bhashurari,
     P.O- Rajpur, P.S- Shikarpur, Dist.- West Champaran, Presently Working as
     Lower Division Clerk in Circle Office, Bagaha-2, West Champaran.
8.   Armeshwar Prasad, S/O- Late Puran Chaudhary, R/O- Vill- Naya Tola Ganj
     No-1, P.S- Town Thana, P.O- Bettiah, Dist.- West Champaran, Presently
     Working as Lower Division Clerk in Circle Office, Bairiya, west
     Champaran.
9.   Sohan Uraon, S/O- Gaura Uraon, R/O- Vill- Dadhiya, P.O and P.S- Semra,
     Dist.- West Champaran, Presently Working as Lower Division Clerk in
     Circle Office, Bagaha-2, West Champaran.
10. Dipendra Kumar Mishra, S/O- Late Prabhunath Mishra, R/O- Vill and P.O
    and P.S- Sathi, Dist.- West Champaran, Presently Working as Lower
    Division Clerk in Circle Office, Ramnagar, west Champaran.
11. Ramashankar Ram, S/O- Late Thakur Ram, R/O- At- Beldari, P.O- Barwat
    Prasain, P.S. Muffasil, Dist.- West Champaran, Presently Working as Lower
    Division Clerk in Block Development Office, Chanpatiya, west Champaran.
12. Arvind Kumar Ray, S/O- Birendra Nath Ray, R/O- IIT Colony, Vill- Jai
    Prakash Nagar, P.O- Bettiah, P.S- Muffasil, Dist.- West Champaran,
    Presently Working as Lower Division Clerk in Circle Office, Lauriya, west
    Champaran.
13. Ramayan Uraon, S/O- Chhedi Uraon, R/O- Dholbajwa, P.O and P.S- Semra,
    Dist.- West Champaran, Presently Working as Lower Division Clerk in
    Block Development Office, Lauriya, west Champaran.
         Patna High Court CWJC No.8621 of 2024(2) dt.05-02-2026
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           14. Deenanath Uraon, S/O- Late Yuglal Uraon, R/O- Vill- Pipradih, P.O-
               Tinfidiya, P.S- Laukariya, Dist.- West Champaran, Presently Working as
               Lower Division Clerk in Block Development Office, Bagaha- 2, west
               Champaran.

                                                                               ... ... Petitioner/s

                                                       Versus

           1.    The State of Bihar through The Secretary, General Administration
                 Department, Govt. of Bihar, Patna.
           2.    The Secretary, General Administration Department, Govt. of Bihar, Patna.
           3.    The District Magistrate, West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Gyan Shankar, Advocate
                 For the State           :        Mr. Swapnil Kr. Singh (AC to GP-19)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   05-02-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2. Both the counsel jointly submits that the issue

                   involved in the present case has already been decided by the

                   Hon’ble Full Bench of this Court vide order dated 27.08.2025 in

                   C.W.J.C. No. 23831 of 2018 with other analogous cases,

                   according to which, the petitioners have no entitlement at

                   present. But, in case, the S.L.P. (C) No. 38217 of 2025 preferred

                   by other similarly situated person is decided in their favour, then

                   the petitioners shall also be entitled for the same.

                                 3. In this background, the present writ petition is

                   hereby disposed off granting liberty to the petitioners that in
             Patna High Court CWJC No.8621 of 2024(2) dt.05-02-2026
                                                         3/3




                       case, the above named S.L.P. (C) No. 38217 of 2025 decided in

                       favour of other similarly situated person, then the petitioners by

                       way of filing an application shall revive this writ petition.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U

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