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
Checking your session…