Patna High Court
Rajan Kumar Singh vs The State Of Bihar And Ors on 4 July, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16013 of 2015
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Rajan Kumar Singh, Son of Late Paramhansh Narayan Singh resident of
village - Khoripakar Gobind, P.O. Amnour, P.S. Amnour, District - Saran at
Present Posted as Junior Accounts Clerk in the office of Executive Engineer,
Building Division, Chapra.
... ... Petitioner
Versus
1. The State Of Bihar.
2. The Secretary, Building Construction Department, Government of Bihar,
Bailey Road, Patna
3. The Engineer - in - Chief, Building Construction Department, Government
of Bihar, Bailey Road, Patna
4. The Chief Engineer, Building Construction Department, Government of
Bihar, Bailey Road, Patna
5. The Superintending Engineer, Building Construction Department, Building
Circle, Chapra
6. The Executive Engineer, Building Division, Chapra
7. The District Magistrate, Saran at Chapra
8. Establishment Deputy Collector, Saran Collectorate District Establishment
Section , Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Respondent/s : Mr.Amar Nath Deo, SC-26
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 04-07-2025
In the instant petition, petitioner has prayed for the
following reliefs:
"(a) To issue a writ of mandamus,
commanding the respondents to discharge their
legal obligation to treat the petitioner in service
with effect from 16.01.1999, the date on which the
District Magistrate, Saran sent the
recommendation of the District Level
Patna High Court CWJC No.16013 of 2015 dt.04-07-2025
2/3
Compassionate Appointment Committee dated
18.12.1998
to the Superintending Engineer,
Building Construction Department, Building
Circle, Chapra (Respondent No.5) for appointment
of the petitioner on Class III post in Building
Construction Department.
(b) To issue a further writ of
mandamus, commanding the respondents to shift
the date of appointment of the petitioner with effect
from 16.01.1999 and go give the benefit of merger
of cadre of Junior Accounts Clerk into Senior
Accounts Clerk and to further provide the
admissible pay scales as provided in resolution of
the Finance Department, Government of Bihar
dated 25.03.2015 (Annexure-4).
(c) To issue further writ of mandamus
commanding the respondents to re fix the pay of
the petitioner on the basis of said merger of the
post known by unified name as Senior Accounts
Clerk (applicable to the persons appointed between
01.05.1980 to 27.09.1999) and to pay the arrears
of salary, and other promotional benefits of the
petitioner.
(d) To any other relief or relief's for
which the petitioner may be found entitled to."
2. Core issued involved in the present lis is whether
petitioner is entitled to alter his date of entry into service on
compassionate appointment from 08.11.1999 to that of
Patna High Court CWJC No.16013 of 2015 dt.04-07-2025
09.04.1999 or not? The cause of action accrued to the petitioner
on 08.11.1999. Whereas the present petition was filed in the
year 2015. The reasons for delay in approaching this Court is
that petitioner's name was not considered for promotion.
3. Learned counsel for the petitioner submitted that
delay and laches would not be a hurdle in view of government
policy decision dated 25.03.2015, wherein the government
policy decision is re-designation of certain cadres that would not
get right of the petitioner insofar as altering the date of entry
into service. When he was not born on 09.04.1999 in the cadre
and he is not entitled to seek appointment with effect from
09.04.1999 with reference to his initial appointment as
08.11.1999.
4. Accordingly, the present Writ petition stands
dismissed.
(P. B. Bajanthri, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.07.2025
Transmission Date NA
