Created by Fuzzy Cloud

Patna High Court

Narendra Kumar SinghversusThe State of Bihar through Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first file a fresh representation before the General Administration Department, and the writ petition is disposed pending that representation.

Summary

The petitioner, a Supply Clerk in the Bihar Secretariat, sought a court order directing the General Administration Department to merge five isolated Supply Clerk posts with the Lower Division Clerk cadre and promote him to Upper Division Clerk, citing prior approvals from the Food and Consumer Protection and Finance Departments. He also requested the framing of service rules and consequential monetary benefits, referencing a 31‑08‑2017 order in C.W.J.C. No. 4594/2014. The State argued that a counter‑affidavit from the General Administration Department was pending. The Court held that the petitioner must first file a fresh representation before the Principal Secretary of the General Administration Department, attaching all relevant legal points. The Court directed the petitioner to file this representation within 30 days and the department to issue a reasoned order within 90 days thereafter, disposing the writ petition pending that process.

Issues considered

  • Whether the High Court can directly direct the General Administration Department to merge posts and promote the petitioner without a fresh representation.
  • Whether the petitioner is entitled to monetary and promotional benefits under the Supply Cadre Rules pending departmental action.

Subjects

  • service law
  • cadre merger
  • promotion
  • writ petition
  • administrative law
  • representation
  • Bihar government

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8862 of 2025
                 ======================================================
                 Narendra Kumar Singh Son of Late Mukti Narayan, Resident of Magadh
                 Vihar Fatehpur House, Gardanibagh, Police Station- Gardanibagh, District-
                 Patna.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through Chief Secretary, Government of Bihar, Old
                  Secretariat, Patna.
           2.    The Principal Secretary, General Administration Department Government of
                 Bihar, Patna.
           3.    The Principal Secretary, Finance Department, Government of Bihar, Patna
           4.     The Principal Secretary, Department of Food and Consumer Protection,
                  Government of Bihar, Patna.
                                                                    ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Anand Kr. Ojha, Sr. Advocate
                                               Mr. Abhishek Raj, Advocate
                                               Mr. Ravinder Kr. Singh, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   18-04-2026                   Heard learned Senior 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 in the instant writ application the
                                        Petitioner prays for a direction to the
                                        Respondent authority to issue appropriate
                                        order/ notification declaring and merging the
                                        isolated five posts of Supply Clerk (on which
                                        the Petitioner is working) with the Lower
                                        Division Clerk in the Secretariat Clerical
                                        Cadre w.e.f. appropriate date and thereafter to
                                        promote the Petitioner to the post of Upper
                                        Division Clerk in accordance with Seniority in
Patna High Court CWJC No.8862 of 2025(2) dt.18-04-2026
                                             2/3




                                Lower Division Clerk as necessary approval
                                and sanctioned have already been granted by
                                the        Food      and   Consumer     Protection
                                Department, Government of Bihar, as well as
                                Finance Department, Government of Bihar
                                but the General Administration Department
                                Government of Bihar Patna has not issued
                                any notification in the said matter and
                                alternatively the Petitioner also prays for a
                                direction      to    the   concerned   Respondent
                                Authority to frame Rules with regard to
                                service condition of the Petitioner as supply
                                cadre rules in the light of order dated
                                31.08.2017 passed in C.W.J.C. No. 4594/2014
                                by this Hon'ble Court so that the Petitioner
                                may be promoted in cadre promotional post as
                                per Supply Cadre Rules and the Petitioner
                                also prays for a direction to the Respondent
                                Authority to grant a consequential monetary
                                benefit as well as consequential promotional
                                benefit after granting the promotion to the
                                Petitioner to the post of Upper Division Clerk
                                as granted to the other similarly situated four
                                other Supply clerk.”


                      3. Learned counsel for the State submits that counter

          affidavit on behalf of respondent no. 4 has been filed. But, the

          grievance of the petitioner shall be resolved only when the

          counter     affidavit       on    behalf    of   General Administration
             Patna High Court CWJC No.8862 of 2025(2) dt.18-04-2026
                                                         3/3




                       Department, Government of Bihar, Patna shall be filed.

                                   4. Learned Senior counsel for the petitioner submits

                       that liberty may be granted to the petitioner to file a fresh

                       representation       before      the    Principal   Secretary,   General

                       Administration Department, Government of Bihar, Patna

                       (Respondent no.2), in the light of the submissions made by the

                       State.

                                   5. In this view of the matter, the petitioner is hereby

                       directed to file a fresh representation along with a copy of this

                       order before the Principal Secretary, General Administration

                       Department, Government of Bihar, Patna (Respondent no.2),

                       within 30 days from today. It is made clear that all the legal

                       points and judgments which are in favour of the petitioner shall

                       also be attached with the representation. The Respondent no.2

                       after receiving the petitioner’s fresh representation shall pass a

                       reasoned and speaking order within 90 days thereafter.

                                   6. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.


                                                                      (Dr. Anshuman, J)
Divyansh/-

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.