Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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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