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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directs the District Magistrate to decide the petitioner’s representation for promotion within 90 days, and if found eligible, to grant the promotion.

Summary

Rohit Kumar, a government employee, filed a writ petition seeking promotion to Upper Division Clerk, alleging that his representation dated 29‑08‑2024 submitted to the District Magistrate of Sitamarhi remained unanswered and that only a generic reply was given. The petitioner argued that the delay violated his right to a timely decision on his promotion. The State contended that the court could issue a direction for the representation to be disposed of within a fixed period. The Court held that the District Magistrate must decide the representation within 90 days of receiving the order and, if the petitioner is found eligible, the promotion should be granted in accordance with law. Consequently, the petition was disposed with the said direction.

Issues considered

  • What is the appropriate judicial remedy for a pending representation seeking promotion?
  • Can the High Court direct the District Magistrate to decide the representation within a specified time?

Subjects

  • promotion
  • civil service
  • writ petition
  • administrative law
  • representation
  • district magistrate
  • direction
  • Upper Division Clerk

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.8688 of 2025
     ======================================================
     Rohit Kumar Son of Late Sanjay Chaudhary, Resident of Ward No. 2,
     Amaghatha Road, Dumra, Sitamarhi, Police Station - Dumra, District -
     Sitamarhi.

                                                               ... ... Petitioner/s
                                           Versus

1.   The State of Bihar through Principal Secretary, General Administration
     Department, Govt. of Bihar, Patna.
2.   The District Magistrate, Sitamarhi.
3.   The Deputy Collector (Establishment), Sitamarhi.
4.   The District Senior Treasury Officer, Sitamarhi.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Ranjan Kumar Singh, Advocate
     For the Respondent/s   :      Mr. Ajay Behari Sinha, GA-8
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                         ORAL JUDGMENT
      Date : 27-04-2026
               Heard learned counsel appearing for the petitioner and

      learned counsel appearing for the State.

                  2. The present writ petition has been filed for granting

      promotion to the petitioner as Upper Division Clerk (UDC).

                  3. Learned counsel for the petitioner submits that the

      petitioner has filed a representation dated 29.08.2024 (as

      contained in Annexure P/5 to the writ petition) before the

      respondent no.2, District Magistrate, Sitamarhi, but till date no

      decision has been taken on the said representation. Learned

      counsel further submits a counter affidavit has been filed but

      paragraph wise reply has not been given in the said counter
             Patna High Court CWJC No.8688 of 2025 dt.27-04-2026
                                                        2/2




                      affidavit rather adhesive reply has come only with a direction

                      that his promotion shall be considered in the next meeting of

                      District Screening Committee.

                                  4. Learned counsel for the State submits that a

                      direction may be issued for disposal of the petitioner’s

                      representation within a specified period.

                                  5. In the aforesaid background, the respondent no.2,

                      namely, the District Magistrate, Sitamarhi, is directed to take a

                      decision on the representation dated 29.08.2024 (as contained in

                      Annexure P/5 to the writ petition) within a period of 90 days

                      from the date of receipt/production of a copy of this order.

                                  6. It is needless to state that, if the petitioner is found

                      entitled to promotion by the District Screening Committee, the

                      same shall be granted to him in accordance with law.

                                  7. With the aforesaid observation and direction, the

                      writ petition stands disposed off.




                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          28.04.2026
Transmission Date       NA


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