← Library
Patna High CourtCWJC/1951/2022disposed

Abdul Wahab Ansari v. The State Of Bihar

2026-04-15Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1951 of 2022 ====================================================== Abdul Wahab Ansari S/o Niazamuddin Ansari R/o Village - Ishrat Villa, Aman vihar, Sector - 2, Haroon Nagar, P.S. - Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

All Members of the then Departmental Promotion Committee. 2.1. Shri Damendra Singh Gangwar, the Principal Secretary, General Administration Department, Govt. of Bihar, Patna, P.S.- Old Secretariat, District- Patna.

2.2. Shri Sunil Kumar Singh, the Principal Secretary, Mines and Geology Department, Govt. of Bihar, Patna, P.S.- Old Secretariat, District- Patna. 2.3. Shri Sahasi Kant Singh, Special Secretary, General Administration Department, Govt. of Bihar, Patna, P.S.- Old Secretariat, District- Patna. 2.4. Shri Rajendra Ram, the Joint Secretary, Secretary, General Administration Department, Govt. of Bihar, Patna, P.S.- Old Secretariat, District- Patna. 2.5. Shri Ashok Kumar Chauhan, Member of Finance Department, Secretary, General Administration Department, Govt. of Bihar, Patna, P.S.- Old Secretariat, District- Patna.

3.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

4.

The Joint Secretary, General Administration Department, Govt. of Bihar, Patna.

5.

The Under Secretary, General Administration Department, Govt. of Bihar, Patna.

6.

The Section Officer, General Administration Department, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Rai, Advcoate For the Respondent/s :

Mr. Sheo Shankar Prasad, S.C.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for

Patna High Court CWJC No.1951 of 2022(3) dt.15-04-2026 2/3 the following relief(s):

"(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus directing and commanding upon the respondents to promote the petitioner from the ADM (Addl. District Magistrate) rank to the rank of Joint Secretary level post on pay band Rs. 37,400/--67,000/- and Grade pay Rs. 8700/- from the date 23-05-2014. (ii) To direct the respondent to consider the case of the petitioner for promotion on the ground that a meeting of Departmental Promotion Committee was held on 23-05-2014 whereby the promotion of the petitioner was denied by the proceeding of DPC held on dated 23.05.2014 and signed on 27.05.2014. (iii) To direct the respondents to make the promotional monetary benefit and differences of salary arising out of the same on account of promotion to which the petitioner was entitled.

(iv) To any other relief/s to which the petitioner is entitled in facts and circumstances of the case."

3. Having heard learned counsel for the parties and having perused the contents of the petition, it transpires that the petitioner filed a representation before the Principal Secretary, General Administration Department, Bihar on 28.11.2017 to promote the petitioner in light of the provisions laid down in resolution dated 25.3.2008 and the resolution no.7457 dated 11.9.2002 of the Department of Personnel and Administrative Reforms. The respondents not having acted on the

Patna High Court CWJC No.1951 of 2022(3) dt.15-04-2026 3/3 representation of the petitioner, the instant application has been filed for the reliefs as stated herein above.

4. No counter affidavit has been filed in the case.

5. In view of the above, the petitioner is directed to file a fresh representation before the Principal Secretary, General Administration Department, Government of Bihar (respondent no.3) within a period of four weeks.

6. On filing of the said representation, the same shall be decided by the respondent no.3 within a period of two months from the date of its filing and the order passed therein shall be communicated to the petitioner forthwith.

7. It may be clarified that the Court has not entered into the merits of the case of the petitioner which is to be decided by the respondent concerned.

8. The writ application stands disposed of.

(Partha Sarthy, J) Saurabh/- U