Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9970 of 2026 ====================================================== Uday Kumar Son of Shri Ram Suhag Sharma, Resident of Village- Shewra, P.S.- Patory, District- Samastipur, Bihar, Pin- 845404. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Energy, Government of Bihar, Patna.

2.

The Bihar State Power (Holding) Company Limited, Vidyut Bhawan, Patna, Bihar.

3.

The Managing Director, Bihar State Power (Holding) Company Limited, Vidyut Bhawan, Patna.

4.

The General Manager (H.R./Adm), Bihar State Power (Holding) Company Limited.

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the State :

Mr. Sunil Kr. Mandal (SC-3) Mr. Bipin Kumar (AC to SC-3) For the BSPHCL :

Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 09-07-2026 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar State Power (Holding) Company Limited (in short 'B.S.P.H.C.L').

2. The present writ petition has been filed for issuance of an appropriate writ/writs, order/orders, direction/directions, preferably in the nature of mandamus against the respondent authorities for the following relief/s:- "I. For directing the respondent authorities to accept the joining request submitted by

2/4 the petitioner with all required documents after extending the joining time and issue the appointment letter for post of Technical Grade-III for which the petitioner is entitle to after successful completion of selection procedure in the light of employment Notice No.-05/2024 issued by the Bihar State Power (Holding) company Ltd.

II. Further for direction to respondent authorities to allow the petitioner to join the post and work after acceptance of joining for the post of Technician Grade-III after successful completion in the light of Employment Notice No. 05/2024 issued by the Bihar Power (Holding) company Limited."

3. Learned counsel for the petitioner submits that the petitioner has also moved earlier before the Central Administrative Tribunal (C.A.T.) Bench, Guwahati and the interim order as well as the final order both were come in his favour. Counsel submits that after getting the order, for fulfillment of his grievance, he has filed a representation requesting for issuance of appointment letter for the post of Technician to the General Manager (HR & Admin), Bihar State Power (Holding) Co. Ltd, Patna, which is annexed as Annexure-

3/4 P/9 of the writ petition. He submits that till date, no decision has been taken by the General Manager (HR & Admin), Bihar State Power (Holding) Co. Ltd, Patna on his representation. Thereafter, the petitioner has filed the present writ petition.

4. Learned counsel appearing for the Bihar State Power (Holding) Company Limited (in short 'B.S.P.H.C.L') submits that it is true that the petitioner's representation is still pending and no decision has been taken. He submits that a direction may be issued so that decision may be taken on the petitioner's representation within a stipulated period.

5. Learned counsel for the State submits that in this case, the real contest is between the petitioner and the Bihar State Power (Holding) Co. Ltd.

6. In light of the submissions made, it transpires to this Court that this writ petition has been filed for issuance of writ of mandamus and the representation has been filed by the petitioner on which, no decision has been taken by the concerned respondent authority.

7. Therefore, without entering into the merit or demerit of this case at this juncture, this Court hereby only directs the General Manager (HR & Admin), Bihar State Power (Holding) Co. Ltd, Patna (Respondent no. 4) to take decision on

4/4 the petitioner's representation in accordance with law by passing a reasoned and speaking order within 60 days from the date of production of a copy of this order.

8. Accordingly, with the aforesaid direction, this writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- AFR/NAFR CAV DATE NA Uploading Date 10/07/2026 Transmission Date NA