Created by Fuzzy Cloud

Patna High Court

Amrendra Kumar OjhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court declined to entertain the writ on its merits and directed the District & Sessions Judge, Siwan, to dispose of the petitioners' representation within 90 days.

Summary

The petitioners, two clerks of the Siwan Civil Court, filed a writ petition seeking certiorari to quash the Screening Committee's decision dated 27.11.2018 that regularised their service from 18.10.2012 and placed them in the Class‑III gradation list, as well as to set aside the District & Sessions Judge's order dated 25.05.2019 that amended the gradation list accordingly. They also asked for the pending representation annexed as Annexure‑P/9 to be disposed of. The State argued that the lower authority should simply be directed to dispose of the representation. The High Court, without addressing the merits of the regularisation or the amendment orders, directed the District & Sessions Judge, Siwan, to dispose of the petitioners’ representation within ninety days of receipt of the order.

Issues considered

  • Whether the Screening Committee's decision on regularisation of the clerks' service can be quashed by a writ of certiorari.
  • Whether the District & Sessions Judge's order amending the gradation list can be set aside.
  • Whether the pending representation annexed as Annexure‑P/9 must be disposed of by the lower court.

Subjects

  • certiorari
  • writ of certiorari
  • regularisation
  • gradation list
  • civil service
  • screening committee
  • representation disposal
  • High Court order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9480 of 2024
                 ======================================================
           1.     Amrendra Kumar Ojha Son of Devendra Ojha, Resident of Village
                  Ojhwaliya, P.S. Phulwariya, District - Gopalganj.
           2.    Prashant Kumar, Son of Baleshwar Prasad Yadav, Resident of Village -
                 Raghnathpur, P.S. Nadwan, District - Patna.


                                                                            ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Secretary, Law Department, Government of
                 Bihar, New Secretariat, Patna.
           2.    The Registrar General, Patna High Court, Patna.
           3.    The Registrar-cum-Judge Incharge, Civil Court, Siwan.
           4.    The District and Sessions Judge, Siwan.
           5.    The 1st Additional District and Sessions Judge-cum-Chairman, Civil Court,
                 Siwan.
           6.    The Sub-Judge-III-cum-Member, Screening Committee, Civil Court, Siwan.
           7.    The Sub-Judge-XIII-cum-Member, Screening Committee, Civil Court,
                 Siwan.
           8.    Sri Prabhat Kumar Srivastava, aged about 45 years, Gender Male, Clerk,
                 Civil Court, Siwan.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Umesh Kumar Mishra, Advocate
                 For the Respondent/s   :        Mr. Standing Counsel (18)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                      (i) To issue an appropriate writ in
                                            the nature of writ of certiorari for quashing
Patna High Court CWJC No.9480 of 2024(2) dt.24-02-2026
                                            2/4




                                  the decision of Screening Committee held on
                                  27.11.2018 at 1.35 PM in the Chairmanship
                                  of 1st Additional District & Sessions Judge,
                                  Siwan for discussion on the matter of
                                  amendment in the gradation list of Class-III
                                  Employees of Siwan Judgeship and the
                                  committee is of considered view that the
                                  regularization of their service be treated
                                  either from the date of order No. 214A/2012
                                  dated 20.12.2012 of the District & Sessions
                                  Judge, Siwan or from the date of issuance of
                                  letter No. 533/J dated 18.10.2012 of Law
                                  Department, Government of Bihar, Patna.
                                  According Committee held that it would be
                                  appropriate to consider the regularization of
                                  Service of Sri Prashant Kumar and Sri
                                  Amrendra Kumar Ojha Clerks with effect
                                  from the date of issuance of letter No. 533/J
                                  of Law Department i.e. 18.10.2012 and their
                                  name should find place in the gradation list
                                  of Permanent General Cadre of Class-III
                                  Employees meaning thereby the aforesaid
                                  both employees will be placed at SI. No. 105
                                  and 106 of the gradation list dated
                                  04.05.2013.
                                               (ii) To issue an appropriate writ in
                                  the    nature     of   writ    of   certiorari   for
                                  quashing/setting       aside    the    order     No.
                                  101A/2019 passed on 25.05.2019 by the
                                  learned District & Sessions Judge, Siwan in
Patna High Court CWJC No.9480 of 2024(2) dt.24-02-2026
                                            3/4




                                  view     of     recommendation       of   Screening
                                  Committee Civil Court, Siwan besides the
                                  applications of Sri Rakesh Chandra Tiwari
                                  and Sri Prabhat Kumar Srivastava, Clerks,
                                  Civil Court, Siwan for amendment in the
                                  gradation list of Permanent General Cadre
                                  of Class-III Employees (Clerk) of Siwan
                                  Judgeship whereunder and whereby the
                                  learned District & Sessions Judge ordered
                                  that necessary amendments be made in
                                  gradation list of Permanent General Cadre
                                  of Class-III Employees (Clerks) and the
                                  name of Sri Amrendra Kumar Ojha and Sri
                                  Prashant Kumar, Clerks be added in the said
                                  list   with      effect     from    18.10.2012   as
                                  recommended by the Screening Committee
                                  Civil Court, Siwan.
                                                (iii)    To    pass     such    other
                                  order/orders, direction/ directions as your
                                  Lordships may deem fit and proper in the
                                  facts and circumstances of the case.


                      3. Learned counsel for the petitioners submits that he

          shall be satisfied only when the pending representation is

          disposed of.

                      4. Learned counsel for the State submits that a

          direction may be issued to the concerned authority for the

          disposal of the representation.
         Patna High Court CWJC No.9480 of 2024(2) dt.24-02-2026
                                                     4/4




                               5. In view of the above, this Court, without entering

                   into the merits or demerits of the case, directs the District &

                   Sessions Judge, Siwan (respondent No. 4), to dispose of the

                   petitioners’ representation, annexed as Annexure-P/9, within 90

                   days from the date of receipt/production of this order.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

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.