Patna High Court
Sunil Kumar vs The State Of Bihar on 17 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 16992 of 2024
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1. Sunil Kumar Son of Shri Ghurusharan Prasad Sinha, resident of
Navaratanpur, Near Mandir, P.O. - G.P.O., P.S. Kankarbagh, District- Patna,
Pin Code - 800001.
2. Anil Kumar Singh, Son of Shri R.N. Kumar, resident of Ward No. 13,
Village - Dilawarpur, P.O. - Dilawarpur, P.S. - Kesaria, Mehsi, District- East
Champaran, Pin Code- 845426
3. Anjani Kumar Pathak, Son of Shri Dhruv Pathak, resident of House No. L-
18, Ashiyana Nagar Jagat Vihar Colony, P.O. - Aashiana Nagar, P.S. - Rajiv
Nagar, District - Patna, Pin Code - 800025.
4. Shree Pankaj, Son of Late Muralidhar Pathak, resident of In front of NTPC
Apartment, Phase- 01, P.O. - Aashiana Nagar, P.S. - Rajiv Nagar, District -
Patna, Pin Code - 800025.
5. Satish Kumar, Son of Late Rabindra Lal Karna, resident of Sisauni, Ward
No. 08, P.O. - Sisauni, P.S. - Basopatti, District- Madhubani, Pin Code-
847225.
6. Suman Kumar Sinha, Son of Shri Tarkeshwar Prasad, resident of Magadh
Colony Bari Pahari, P.O. - Saraia, P.S. - Sohsarai, District- Nalanda, Pin
Code- 803118.
7. Pramod Bharti, Son of Shri Jagdish Prasad, resident of Itasan, P.O. and P.S. -
Bhadwa, District- Nalanda, Pin Code- 803119.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, General
Administration Department, Government of Bihar, Patna.
2. The Secretary, Transport Department, Government of Bihar, Patna.
3. State Transport Commissioner, Transport Department, Government of Bihar,
Patna.
... ... Respondent/s
WITH
Civil Writ Jurisdiction Case No 1512 of 2025
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1. Hareram Kumar Son of Choudhary Mahto, Resident of Mohalla- New
Karbigahia, P.O.- G.P.O., P.S.- Jakkanpur, District- Patna.
2. Basant Kumar, Son of Umesh Prasad, Resident of Rajnagar Atal Colony,
Near PGS School, P.s.- Khagaul, District- Patna.
3. Santosh Kumar, Son of Sohan Sah Resident of Village- Baikatpur, P.S.-
Mushahari, District- Muzaffarpur.
4. Shiv Kumar, Son of Rati Lal Kamat, Resident of Village- Sudai Ratauli,
P.S.- Phulparas, District- Madhubani.
Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
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5. Sandeep Kumar, Son of Indra Chandra Prasad, Resident of A.G Colony,
L.B.S. Nagar, P.S.- Shastrinagar, District- Patna.
6. Amit Kumar Gupta, Son of Krishna Gupta, Resident of Awadhpuri Colony,
Road No. 4, Chandwa More, P.S.- Nawada (Arrah), District- Bhojpur.
7. Chetanaya Navinam, Son of Ramdeo Pandit, Resident of Village- Khutia,
P.S.- Mansi, District-Khagaria.
8. Pawan Kumar, Son of Bhuneshwar Paswan, Resident of Village- Chakandra,
P.S.- Chewara, District- Sheikhpura.
9. Ashok Kumar Paswan, Son of Bindhyanchal Paswan, Resident of Jagjeevan
Nagar, P.S.- Bettiah Town, District- West Champaran, Bettiah.
10. Manoj Kumar Ranjan, Son of Ram Nath Ram, Resident of Village-
Mubarakpur, P.S.- Shahpur, District- Patna.
11. Binod Kumar, Son of Sheo Bachan Ram, Resident of H. No. 73, Mahuet,
Ghariya, P.S.-Wazirganj, District- Gaya.
12. Anish Kumar, Son of Late Rajendra Das, Resident of Village- Itawan, P.O.-
Mubarakpur, P.S.-Barh, District- Patna.
13. Rajeev Kumar, Son of Bal Swarup Paswan, Resident of Quarter No. 2-003,
Street-5, Sector-2/C, Bokaro Steel City, P.S. City, District- Bokaro
(Jharkhand).
14. Manoj Kumar, Son of Kishuni Ram, Resident of Village- Madhepura,
Amma, P.S.-Hathouri, District- Muzaffarpur.
15. Vibha Kumari, Wife of Sanjay Kumar Resident of Village- Sandalpur, P.S.-
Kasim Bazar, District- Munger, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, General
Administration Department, Government of Bihar, Patna.
2. The Secretary, Department of Transport, Govt. of Bihar, Patna.
3. The Transport Commissioner, Transport Department, Govt. of Bihar, Patna.
4. The Joint Secretary, Transport Department, Govt. of Bihar, Patna.
5. The Deputy Secretary, Transport Department, Govt. of Bihar, Patna.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No 16992 of 2024)
For the Petitioner/s : Mr Abhinav Srivastava, Sr Advocate with
M/s Shreyashi Raj, Pushkar Bharadwaj,
Govind Raj Shahi, Advocates
For the Respondent/s : Mr.Standing Counsel 06
(In Civil Writ Jurisdiction Case No 1512 of 2025)
For the Petitioner/s : Mr Shakti Suman Kumar, Advocate
For the Respondent/s : Dr Md Raisul Haque, Standing Counsel X
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Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
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CORAM: HONOURABLE MR JUSTICE ARVIND SINGH CHANDEL
CAV JUDGMENT
Date : 17-06-2025
Since in both the writ petitions, common issues are
involved, therefore, both these petitions are being decided by this
common order.
2 In both the petitions, all the petitioners herein are
claiming their promotion against the post of Additional District
Transport Officer (for brevity, ADTO) in terms of the provisions
contained in Rule 8 (ii) (b) of the Bihar Transport Service Rules,
2020 (for brevity, the 2020 Rules).
3 Brief facts of the case are that the Bihar Transport
(Enforcement) Cadre Rules, 2003 (for brevity, the 2003 Rules)
were formulated to govern the Recruitment, Promotion and
Service Conditions of Personnel in the Transport (Enforcement)
Branch of Bihar. Rule 3 of the 2003 Rules laid down the
provisions with respect to the constitution of the cadre, according
to which the said cadre comprised of altogether 3 posts, i e, the
posts of Enforcement Sub-Inspector which is entry level post, the
Enforcement Inspector and the Enforcement Officer which are the
promotional posts.
Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
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4 Pursuant to the advertisement issued by the Bihar Staff
Selection Commission dated 18.12.2004, all the petitioners of
these petitions were appointed on the post of Enforcement Sub
Inspector. Meanwhile, the Transport Department notified the 2020
Rules through a Notification dated 29.01.2020. As per Rule 8 of
the 2020 Rules, 50% of the basic grade posts of ADTO shall be
filled up by direct recruitment on the basis of recommendation
made by the BPSC while remaining 50% of the basic grade posts
were earmarked for promotion from Bihar Transport
(Enforcement) Cadre and the Bihar Transport (Technical) Cadre.
Rule 8 (ii) (b) of the 2020 Rules further provides that 40% from
the said promotional posts shall be filled up from the Bihar
Transport (Enforcement) Cadre. Further, as per Rule 8 (iii) of the
2020 Rules, promotions to the posts within the Bihar Transport
Service are to be granted from the immediate next lower level
posts, based on the principles of seniority-cum-merit as
recommended by the Departmental Promotion Committee.
5 Pursuant to the advertisement issued by the Bihar
Public Service Commission on 16.09.2020 for the 66th Combined
Competitive Examination, 30 posts of ADTO were filled up by
direct recruitment. As per Rule 8 (ii), the remaining 30 posts were
to be filled through promotion in the proportionate of 60% from
Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
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the cadre of Bihar Transport (Technical) and 40% from the Bihar
Transport (Enforcement Wing). Meanwhile, a Notification dated
13.10.2023
(Annexure P/5 to the writ petition bearing CWJC No
16992 of 2024) was issued by the respondents by which the
Temporary Ad hoc Officiating Rules, 2023 (for brevity, the 2023
Rules) were notified laying down provisions for considering the
cases of State Government employees for giving them the charge
against promotional posts on purely temporary ad hoc working
arrangement basis as promotion against such post could not be
granted to them on a regular basis on account of the order having
been passed by the Supreme Court in Civil Appeal No 4880 of
2017. Thereafter, in the light of the 2023 Rules, vide office order
dated 26.06.2024 bearing Memo No 8563, the respondents
promoted 18 Enforcement Sub Inspectors against the post of
Enforcement Inspector in pay level 7. The petitioners in CWJC
No 16992 of 2024 were included in those 18 persons who have
been promoted. In accordance with Rule 8 (ii) (a) of 2020 Rules,
60% quota in promotional post, i e, 22 posts of ADTO and
equivalent posts are available to the technical cadre and remaining
40% posts, i e, 14 posts of ADTO and equivalent posts are
available to the Enforcement Cadre. The petitioners of CWJC No
1512 of 2025 are claiming their promotions to the post of ADTO
Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
on the ground that they are working as Enforcement Sub-Inspector
which is level 6 post and lower to the post of ADTO, i e, level 7
post. The petitioners of CWJC No 16992 of 2024 are also
claiming their promotion to the post of ADTO on the ground that
they fulfill the requirement of prescribed qualification under Rule
6 (x) of 2023 Rules read with the provisions contained in Rule 8
(ii) (b) of the 2020 Rules.
6 Learned counsel appearing for the petitioners in
CWJC No 16992 of 2024 submits that the petitioners in this
petition fulfills the requirements prescribed under Rule 6 (x) of the
2023 Rules and were clearly entitled for being given the charge
against the post which is one level above the level which was the
next post against which they were working and in this manner,
they become entitled for being given the charge against the post of
ADTO but the respondents vide office order dated 26.06.2024
(Annexure P/8) were wrongly given the charge of Enforcement
Inspector in pay level 7 in terms of 2023 Rules instead of being
given the charge against the post of ADTO. The persons, who
were working against the post of motor vehicle inspector as
members of Bihar Transport (Technical) Cadre were given the
charge against the post of ADTO. Therefore, the petitioners in
CWJC No 16992 of 2024 are also entitled to get charge against the
Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
post of ADTO instead of the post of Enforcement Inspector. He
further submits that the post of ADTO is a gazetted post whereas
the post of Enforcement Inspector is not a gazetted post though
there is no financial loss suffered by the petitioners but there is
clearly a loss of status and rank. Therefore, the petitioners, in this
petition, are entitled to get the charge of ADTO.
7 Learned counsel appearing for the petitioners in
CWJC No 1512 of 2025 submits that since all the petitioners in
this writ petition as well as petitioners in CWJC No 16992 of 2024
were working as Enforcement Sub-Inspector, which is level 6 post,
and subsequently the petitioners of CWJC No 16992 of 2024 have
already been given the charge against the post of Enforcement
Inspector, i e, level 7 post, therefore, they have already been
granted the benefit of promotion under the provisions of 2023
Rules. Since both the posts, i e, Enforcement Inspector and ADTO
are the equivalent and level 7 post, therefore, the petitioners herein
only are entitled to get promotion to the post of ADTO as it is a
just higher post against which they are working.
8 Learned counsel for the respondents submits that
taking into consideration the claim of the petitioners in both these
petitions, the Departmental Screening Committee in its meeting
dated 02.01.2025 decided to seek opinion from the GAD on the
Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
aforesaid issue. The GAD sent its opinion and, accordingly, the
Transport Department shall take further action in accordance with
law in the aforesaid manner.
9 I have heard learned counsel appearing for both the
sides. Perused the documents annexed with the petition, counter
affidavit as well as rejoinder to the counter affidavit.
10 Undisputedly, all the petitioners in both the petitions
were appointed to the post of Enforcement Sub Inspector pursuant
to the advertisement dated 18.12.2004. it is also not in dispute on
the point that the post of Enforcement Inspector is level 7 post in
terms of 2023 Rules. The Enforcement Inspector (level 7) and the
Enforcement Officer (level 8) are the promotional post. There is
also no dispute on the point that the post of ADTO for which all
the petitioners in both the petitions are claiming for is the post of
level 7 meaning thereby the post of Enforcement Inspector and the
post of ADTO both are the level 7 post, i e, equivalent posts.
Opinion of the GAD has been annexed by the petitioners in CWJC
No 1512 of 2025 (Annexure P/11). As opined by the GAD, both
the posts of ADTO and the Enforcement Inspector are level 7 post
and they should be treated as equivalent. In Clauses 7 and 8 of the
opinion (Annexure P/11), it is further opined that the post of
Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
Enforcement Sub Inspector is a level 6 post and, therefore, it
should be treated just below the post of ADTO.
11 As per Rule 8 (iii) of the 2023 Rules, the promotion
was given to the post of ADTO from the post which is just below, i
e, level 6 post. The petitioners of CWJC No 1512 of 2025 are
working as Enforcement Sub-Inspector, i e, level 6 post and the
petitioners of CWJC No 16992 of 2024 are working as
Enforcement Inspector, i e, level 7 post. Therefore, the petitioners
of CWJC No 1512 of 2025 are entitled to get the charge of the post
of ADTO in the light of 2023 Rules.
12 So far as the petitioners of CWJC No 16992 of 2024
are concerned, they have already been promoted to the level 7
post, i e, Enforcement Inspector which is equivalent to the post of
ADTO. Further, they have already been given the charge of
promotional post, i e, the post of Enforcement Inspector in level 7
on 26.06.2024 which has already been accepted by them without
any protest and they are working as Enforcement Inspector and, as
opined by the GAD, as they have not completed one year on that
post, therefore, they are not entitled to get any charge of the post of
ADTO.
13 Resultantly, considering the above, the petition filed
by the petitioners of CWJC No 1512 of 2025 is allowed. The
Patna High Court CWJC No.16992 of 2024 dt.17-06-2025
petition preferred by the petitioners through CWJC No 16992 of
2024 is hereby dismissed, having no merit.
14 The petitioners of CWJC No 1512 of 2025 will be
given the charge of ADTO as per the provisions of the 2023 Rules
under their limit of 40% post of ADTO available to them, as
contained in Rule 8 (ii) (b) of the 2020 Rules, according to their
seniority-cum-merit.
15 The above exercise will be done as early as possible
preferably within a period of 45 days from the date of receipt of a
copy of this order.
(Arvind Singh Chandel, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE 08.05.2025
Uploading Date 17.06.2025
Transmission Date NA
