Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17010 of 2025 ====================================================== Rajesh Kumar son of Late Baleshwar Prasad, resident of mohalla- Prabhat Colony (near Bhootnath Mandir), P.S. K. Hat, District-Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Bihar, Patna.

2.

Principal Secretary, General Administration Department, Bihar, Patna. 3.

Joint Secretary, General Administration Department, Bihar, Patna. 4.

Deputy Secretary, General Administration Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harshvardhan Shivsundaram For the Respondent/s :

Mr. S. Raza Ahmad, AAG- 5 Mr. Vishwambhar Prasad, AC to AAG- 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-11-2025 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following reliefs:

"(i) To issue appropriate direction, order or writ in the nature of Certiorari quashing the final order passed by the Joint Secretary-cum-Service Grievance Redressal Officer, General Administration Department, Bihar, Patna as contained in dispatch no.

838-00374 dated 30.06.2025 by which application of the petitioner for correction/rectification of his seniority position in the combined gradation list of the Assistants/Assistant Section Officers in

Patna High Court CWJC No.17010 of 2025(2) dt.27-11-2025 2/3 Bihar Secretariat Service cadre has been rejected merely on the basis of a misleading report of the concerned authority of the said department and without passing any reasoned order.

(ii) To issue appropriate direction, order or writ in the nature of Mandamus commanding the respondent authorities to grant seniority to the petitioner in the cadre of Bihar Secretariat Service on the basis of his merit position in the select list as recommended by the Bihar Public Service Commission and not on the basis of the date of appointment which was negligently delayed by the respondents without any fault of the petitioner.

(iii) To issue appropriate direction, order or writ in the nature of Mandamus commanding the respondents to grant all consequential benefits to the petitioner including promotion considering his rectified seniority position.

(iv) To grant any other relief or reliefs to which the petitioner is entitled for."

3. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with liberty to move before the respondent authorities for the grievances raised in the instant application.

Patna High Court CWJC No.17010 of 2025(2) dt.27-11-2025 3/3

4. In view of the above, let the petitioner file a representation before the respondents within a period of four weeks.

5. In case such a representation is filed, the same shall be decided by the respondent concerned in accordance with law within a period of two months from the date of its filing.

6. It is made clear that the Court has not gone into the merits of the case of the petitioner which is to be decided by the respondent concerned.

7. The application stands disposed off as withdrawn with the above observations and direction.

(Partha Sarthy, J) sauravkrsinha/- U