Binod Kumar Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Binod Kumar Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive promotion or monetary benefit granted. Writ application disposed of with directions: petitioner to file a fresh representation before the Superintending Engineer, Public Health Engineering Circle, Gaya Jee (respondent no.6) within four weeks for the reliefs prayed; respondent to dispose of the representation within six weeks of receipt and communicate the order passed to the petitioner forthwith.

Issue for consideration

Whether the petitioner, being the senior most employee under the Gaya Circle, is entitled to be promoted to the post of Office Superintendent by the respondent authorities discharging their statutory obligation, together with all due monetary benefits of such promotion along with interest, by issuance of a writ in the nature of mandamus. +1 more

Court's answer

Upon hearing learned counsel and perusing the petition, the court disposed of the writ application by directing the petitioner to file a fresh representation before the Superintending Engineer, Public Health Engineering Circle, Gaya Jee (respondent no.6) within a period of four weeks, for the reliefs prayed for in the application. The court did not itself adjudicate the entitlement to promotion.

Ratio / Principle

The said representation is to be disposed of by the concerned respondent within a period of six weeks from the date of its receipt, and the order passed thereon shall be communicated to the petitioner forthwith.

Detailed headnote1 paragraphs

Patna High Court, CWJC No.6878 of 2026 (oral order dated 11-05-2026, Partha Sarthy, J): Binod Kumar Singh, an Upper Division Clerk in the Public Health Division, Gaya Jee, sought a writ of mandamus directing Public Health Engineering Department authorities of the State of Bihar to promote him to the post of Office Superintendent on the ground that he is the senior most employee under the Gaya Circle, with all due monetary benefits and interest, alleging that his earlier representation (Annexure-P/10) had not been acted upon. The court did not adjudicate the entitlement; it disposed of the writ application by directing the petitioner to file a fresh representation before respondent no.6 (Superintending Engineer, Public Health Engineering Circle, Gaya Jee) within four weeks, to be decided within six weeks of receipt with the order communicated to the petitioner forthwith. No statutes or precedents were cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6878 of 2026

======================================================

Binod Kumar Singh, Son of Arjun Prasad Singh, Resident of near Ford Company Chowk, P.H.E.D. Colony, Purnea, District- Purnea at present posted as Upper Division Clerk, Public Health Division, Gaya Jee.

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Vishveshwariya Bhawan, Bailey Road, Patna.

The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Vishveshwariya Bhawan, Bailey Road, Patna.

The Chief Engineer, Public Health Engineering Department, Vishveshwariya Bhawan, Bailey Road, Patna.

The Zonal Chief Engineer, Public Health Engineering Department, Patna Region, Patna.

The Superintending Engineer, Public Health Engineering Circle, Purnea

The Superintending Engineer, Public Health Engineering Circle, Gaya Jee.

The Executive Engineering, Public Health Division, Gaya Jee.

... ... Respondent/s

====================================================== Appearance : For the Petitioner : Mr. Abhash, Advocate Mr. Ajay Kumar Sinha, Advocate For the State : Mr. Anant Pd. Singh, SC-15 Ms. Deepika Sharma, AC to SC-15 ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 11-05-2026 Heard learned counsel for the petitioner and learned

counsel for the respondents.

The petitioner has filed the instant application for the following reliefs :-

“i) For issuance of an appropriate writ/writs, order/orders or direction/ directions, in the nature of writ of Mandamus, commanding and directing the

Patna High Court CWJC No.6878 of 2026(2) dt.11-05-2026 2/3

concern respondent authorities to discharge their statutory obligation and grant the promotion to the post of Office Superintendent, as he is being the senior most employee under the Gaya Circle, as such, he is entitled too for the same alongwith all due monetary benefits of such promotion alongwith interest.

ii) To award any other relief/reliefs to which the petitioner is found entitled too.”

It is contended by learned counsel for the petitioner that inspite of the petitioner being the senior most person who should have been promoted on the post of Office Superintendent and the respondents not having passed any orders to that effect inspite of the petitioner filing a representation, copy of which has been brought on record as Annexure-P/10 to the writ application, has compelled the petitioner to file the instant application.

Having heard learned counsel for the parties and having perused the contents of the petition, the instant application is disposed of directing the petitioner to file a fresh representation before the Superintending Engineer, Public Health Engineering Circle, Gaya Jee (respondent no.6) within a period of four weeks for the reliefs prayed for in the instant

Patna High Court CWJC No.6878 of 2026(2) dt.11-05-2026 3/3

application.

The said representation shall be disposed of by the respondent concerned within a period of six weeks from the date of its receipt and the order passed on the same shall be communicated to the petitioner forthwith.

The writ application stands disposed of.

(Partha Sarthy, J)

avinash/-

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