Rabindra Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2965 of 2026 ====================================================== Rabindra Kumar Jha Son of Late Durganand Jha, resident of village- Simaria, P.O. and P.S.- Jokihar, District- Araria (Bihar). ... ... Petitioner/s

Versus

1.

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

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

3.

The District Magistrate-cum-Collector, Kishanganj. 4.

The District Establishment Deputy Collector, Kishanganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate For the Respondent/s :

Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-04-2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.

2. The petitioner has filed the present writ petition for the following relief/s :- "That this writ application is being filed for issuance of an appropriate writ/writs or order/orders in the nature of Mandamus commanding and directing the Respondents to prepare and publish a fresh error free seniority list of Kishanganj Collectorate Clerk Cadre by rectifying the discrepancy in the finally approved seniority list published on 2.12.2023 in accordance with the Law laid down by this Hon'ble Court in this regard to the extent that inter se seniority among the persons who were appointed by two different Selection Process or Recruitment year should be calculated from the date of recruitment year i.e. when the

Patna High Court CWJC No.2965 of 2026(2) dt.20-04-2026 2/3 recruitment process was initiated and also considering the government circulars issued time to time in this regard as much as the principal laid down in this regard to the extent that inter se seniority of the persons of same Selection Process/Recruitment Year should be calculated from the place of the order of merit in the merit-cum-selection list and considering the higher post with higher pay scale against which they have been appointed and enter in the same cadre of service and for any other relief or reliefs for which the petitioner is found entitled in the facts and circumstances of the case."

3. Learned counsel appearing on behalf of the State has raised a preliminary objection, submitting that the petitioner had earlier approached this Court in CWJC No. 14059 of 2024, which was disposed of vide order dated 19.09.2024, with a direction to the competent authority to consider the representation already filed by the petitioner. It is further submitted that the relief sought in the present writ petition is identical to that sought in the earlier writ petition.

4. Upon perusal of the order dated 19.09.2024 passed in CWJC No. 14059 of 2024, it appears from paragraph 2 thereof that the said writ petition was filed for issuance of a writ in the nature of mandamus directing the concerned respondents to consider the case of the petitioner for promotion to the post of Head Clerk in the Kishanganj Collectorate, upon correction of the seniority list of the Clerk cadre published on 02.12.2023.

Patna High Court CWJC No.2965 of 2026(2) dt.20-04-2026 3/3

5. In the present case, the writ petition has been filed for issuance of a writ in the nature of mandamus directing the respondents to prepare and publish a fresh, error-free seniority list of the Kishanganj Collectorate Clerk cadre by rectifying the discrepancies in the final seniority list published on 02.12.2023.

6. It transpires from the records that the earlier writ petition was also filed seeking correction of the seniority list dated 02.12.2023, and the present writ petition seeks substantially the same relief.

7. In such circumstances, this Court is of the considered view that the present writ petition has been filed for the same relief as sought in the earlier writ petition.

8. Accordingly, the present writ petition is dismissed with costs of Rs. 5,000/-, which shall be payable by the petitioner in High Court Legal Services Committee, Patna. (Dr. Anshuman, J) Ashwini/- U