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Patna High Court

BiharversusGopal

Decided
Disposal
DISPOSED

Holding

The appeal is dismissed as the matter has already been conclusively decided by the Full Bench in CWJC No. 23831 of 2018.

Summary

The State of Bihar filed a Letter Patent Appeal against a judgment dated 20‑02‑2023 in Civil Writ Jurisdiction Case No. 9498 of 2022, which had directed the appointing authority to consider the grievances of a group of clerical employees. The appellants sought to set aside that judgment and to have the matter decided within three months of receipt of the order. An interlocutory application for condoning a 124‑day delay in filing the appeal was allowed. The Court observed that the issue had already been decided by a Full Bench in CWJC No. 23831 of 2018, reported in 2025 (4) PLJR 162, and that the present appeal was therefore barred by that precedent. Consequently, the appeal was disposed of in accordance with the Full Bench order. All pending applications, if any, were also ordered to stand disposed.

Issues considered

  • Whether the judgment directing the appointing authority to address the petitioners' grievances is maintainable in view of the Full Bench decision in CWJC No. 23831 of 2018.
  • Whether the appeal can be entertained despite the delay, after condonation of the 124‑day lapse.

Subjects

  • Letter Patent Appeal
  • delay condonation
  • full bench precedent
  • administrative law
  • writ jurisdiction
  • appeal dismissal

Judgment

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Letters Patent Appeal No.906 of 2023
                                      In
                Civil Writ Jurisdiction Case No.9498 of 2022
     ======================================================
1.   The State of Bihar through Principal Secretary, Water Resources
     Department, Government of Bihar, Patna.
2.   The Principal Secretary, Water Resources Department, Government of Bihar,
     Patna.
3.   The Chief Engineer (Mechanical),           Water   Resources   Department,
     Government of Bihar, Patna.

                                                               ... ... Appellant/s
                                       Versus

1.   Gopal S/o- Late Shyam Nandan Prasad R/o- NY-1B, Jhunjhun Mahal,
     Gardanibag, District- Patna. Presently working as Upper Divisional Clerk in
     the office of Superintending Engineer (Mechanical), Irrigation Electrical
     cum Mechanical Circle, Patna.
2.   Prabhash Kumar, Late Devndra nath R/o Krishna Nagar, P.O.- Sohsarai,
     District- Nalanda. Presently working as Upper Division Clerk in the office
     of Executive Engineer (Mechanical), Irrigation Mechanical Division, Gaya.
3.   Anant Kumar, S/o- Late Amarendra Kumar Mehta R/o- 32, Gari Bishanpur,
     P.O. and P.S.- Piri Bazar, District- Lakhisarai, Presently working as Upper
     Division Clerk in the office of Executive Engineer (Mechanical), Irrigation
     Mechanical Monitoring and Disposal Division, Patna.
4.   Umesh Chandra Choudhary, S/o- Late Ramawater Choudhary R/o Village
     and P.O.- Ladaura Dargah, P.S.- Kalyanpur, District- Samastipur, Presently
     working as Upper Division Clerk in the office of Executive Engineer
     (Mechanical), Irrigation Mechanical Division, Samastipur.
5.   Sunil Kumar Mahto, S/o- Late Faxmi Mahto R/o Village- Bhim Nagar, P.O.-
     Bashantpur, District- Supaul. Presently working as Upper Division Clerk in
     the office of Executive Engineer (Mechanical), Irrigation Mechanical
     Division, Purnea.
6.   Maoranjan Kumar Yadav, S/o- Nand Kishor Yadav R/o Village- Dhobal,
     P.O.- Tarapur, District- Munger. Presently working as Upper Division Clerk
     in the office of Executive Engineer (Mechanical), Irrigation Electrical cum
     Mechanical Division, Patna.
7.   Dhananjay Kumar Singh, S/o- Late Mahendra Prasad Singh R/o Village and
     P.O.- Jhalari, P.S.- Rupauli, District- Purnea. Presently working as Upper
     Division Clerk in the office of Executive Engineer (Mechanical), Irrigation
     Electrical cum Mechanical Division, Walmi, Patna.
8.   Rajesh Kumar, S/o- Late Maheshwar Prasad Singh R/o Village- Banthu,
         Patna High Court L.P.A No.906 of 2023(3) dt.09-02-2026
                                                      2/4




                 P.O.- Ratpura via Bhagwanpur, District- Vaishali, Presently working as
                 Lower Divisional Clerk in the office of Executive Engineer (Mechanical),
                 Irrigation Mechanical Division, Samastipur.
           9.    Sanjay Ram, S/o- Late Rambachan Ram R/o Village- TFT Valmiki Nagar,
                 P.O.- Valmiki Nagar, District- West Champaran. Presently working as Lower
                 Divisional Clerk in the office of Superintending Engineer (Mechanical),
                 Irrigation Mechanical Circle, Muzaffarpur.
           10. Nitesh Anand, S/o- Late Ajay Kumar Chakraborty R/o K- 186, Kali Mandir
               Road, Hanuman Nagar, Kankarbagh, District- Patna. Presently working as
               Lower Divisional Clerk in the office of Executive Engineer (Mechanical),
               Field Machinery Division, Digha, Patna.
           11. Shivkant Mishra, S/o- Late Ramshreshtha Mishra R/o Village and P.O.-
               Tepri, P.S.- Tiyar, District- Muzaffarpur. Presently working as Lower
               Divisional Clerk in the office of Executive Engineer (Mechanical), Irrigation
               Mechanical Design Division, Patna.
           12. Rajeev Kumar, S/o- Late Jhulan Singh R/o Belwanwa, Near Nehru Yuva
               Kendra, Motihari, District- Motihari, Presently working as Lower Divisional
               Clerk in the office of Executive Engineer (Mechanical), Irrigation
               Mechanical Monitoring and Disposal Division, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Ravi Bhardwaj, AC to GA-13
                 For the Respondent/s     :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

3   09-02-2026                    Re: I.A. No. 01 of 2023

                                Learned counsel for the appellants presses I.A. No. 01

                   of 2023 for condoning the delay of 124 days in preferring this

                   appeal.

                                2. For the reasons stated in the interlocutory

                   application, the delay in preferring this appeal is condoned.

                                3. I.A. No. 01 of 2023 stands allowed.
Patna High Court L.P.A No.906 of 2023(3) dt.09-02-2026
                                             3/4




                       Re: LPA No. 906 of 2023

                       4. The present appeal has been filed seeking the

          following relief:

                                        “That the present letter patent appeal is
                          being filed for setting aside the judgment dated
                          20.02.2023 passed in C.W.J.C. No. 9498 of 2022
                          and analogous cases passed by Hon’ble Mr. Justice
                          Rajeev Ranjan Prasad whereby and where under
                          the Hon’ble Single Judge has directed the
                          appointing       authority     of   the   concerned   writ
                          petitioners to look into the grievance of the writ
                          petitioners, examine the same in the light of the
                          judgment of the Hon’ble Division Bench in L.P.A.
                          No. 167 of 2016 and other cases decided by this
                          Court as also taking note of the consequential
                          orders which have been issued by the competent
                          authority from time to time in respect of similarly
                          situated persons and pass an appropriate order in
                          respect of these petitioners within a period of three
                          months from the date of receipt/production of a
                          copy of this order.”


                       5. The issue involved in the present appeal has already

          been adjudicated by the Full Bench of this Court in CWJC No.

          23831 of 2018 and analogous cases, reported in 2025 (4) PLJR

          162.

                       6. Accordingly, the present appeal stands disposed of

          in terms of the order passed in CWJC No. 23831 of 2018 and
            Patna High Court L.P.A No.906 of 2023(3) dt.09-02-2026
                                                         4/4




                      analogous cases.

                                   7. Pending application(s), if any, shall also stand

                      disposed of.



                                                   (Sudhir Singh, J)


                                              (Rajesh Kumar Verma, J)
Anushka/-

U


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