Patna High Court
Narendra Kumar SinghversusThe State of Bihar through Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
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