Patna High Court
Jitman Sah vs The State Of Bihar Through The Principal ... on 8 September, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12578 of 2025
======================================================
Jitman Sah S/o late Suryabali Sah, Resident of Village - Ekderba, P.O. -
Bargaon, P.S. - Bagaha, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Finance,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
3. The Director, Panchayati Raj Department, Government of Bihar, Patna.
4. The District Magistrate, West Champaran, Bettiah.
5. The District Development Commissioner, West Champaran, Bettiah.
6. The Additional Collector, West Champaran, Bettiah.
7. The District Panchayati Raj Officer, West Champaran, Bettiah.
8. The Deputy Collector (Establishment), West Champaran, Bettiah.
9. The District Account Officer, West Champaran, Bettiah.
10. The Senior Treasury Officer, West Champaran, Bettiah.
11. The Block Development Officer, Narkatiyaganj, District - West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate
Mr. Shashwat Srivastava, Advocate
For the Respondent/s : Mr. Standing Counsel (25)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 08-09-2025
Heard learned counsel for the petitioner and learned
counsel for the respondent State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has prayed
for the grant of following reliefs:-
Patna High Court CWJC No.12578 of 2025 dt.08-09-2025
2/5
"A. For issuance of an appropriate
writ/writs, order/orders, particularly in the
nature of Certiorari, for quashing the order
contained in Memo No. 2924 dated
01.12.2023
relating to the Petitioner issued
by the District Panchayati Raj Officer, West
Champaran, Bettiah, whereby the claim of
the Petitioner for grant of Assured Career
Progression (ACP) has been arbitrarily
rejected on the ground of not having passed
the Hindi Noting & Drafting Examination,
which is unjust-. illegal, and contrary to law
laid down by the Hon'ble Full Bench passed
in CWJC No. 18827 of 2017 dated
28.06.2024 (Kamla Nand Thakur Vs. The
State of Bihar & Ors).
B. For issuance of writ/writs,
order/orders in the nature of Mandamus for
directing the Respondents to grant entire
benefits of A.C.Ps to the Petitioner along
with consequential monetary benefits from
Patna High Court CWJC No.12578 of 2025 dt.08-09-2025
the date of their eligibility as the Petitioner
has been retired from service as Panchayat
Sevak (Secretary) of Panchayat Binwaliya,
Block-Narkatiyaganj. District West
Champaran on 28.02.2009.
C. Pass such other Order/Orders as
your Lordships may deem fit and proper."
4. Learned counsel for the petitioner submits that his case
is squarely covered by a Full Bench decision of this Court
passed in C.W.J.C. No. 18727 of 2017 dated 28.06.2024
(Kamlanand Thakur vs. The State of Bihar and Ors.) and
therefore, he submits that the petitioner is prepared to file a
detailed representation before the District Magistrate, West
Champaran, Bettiah (Respondent No. 4) in light of the same.
5. Learned counsel for the petitioner further submits that
the petitioner would be satisfied if an appropriate direction is
issued by this Court directing the District Magistrate, West
Champaran, Bettiah (Respondent No. 4) to decide the
representation which will be filed by the petitioner in
accordance with law after taking into account the Full Bench
decision (supra).
6. To the aforesaid prayer being made by the learned
Patna High Court CWJC No.12578 of 2025 dt.08-09-2025
counsel for the petitioner, the learned counsel appearing for the
respondent State has no objection.
7. Considering the limited nature of prayer made by the
learned counsel for the petitioner, this writ application is being
disposed off granting liberty to the petitioner to file a detailed
representation before the District Magistrate, West Champaran,
Bettiah (Respondent No. 4) within one month from the date of
passing of this order and if such a representation is filed by the
petitioner, the same shall be disposed off by the District
Magistrate, West Champaran, Bettiah (Respondent No. 4) on
merits after giving an opportunity of hearing to the petitioner
within four months from the date of filing of the representation.
8. Needless to emphasise that the final order which shall
be passed by the District Magistrate, West Champaran, Bettiah
(Respondent No. 4) should be a reasoned and speaking order.
9. Further, this Court considers it appropriate to observe
that while passing the final order, the District Magistrate, West
Champaran, Bettiah (Respondent No. 4) will take notice of the
Full Bench judgment of this Court passed in C.W.J.C. No.
18727 of 2017 dated 28.06.2024 (Kamlanand Thakur vs. The
State of Bihar and Ors.) and accordingly, pass its order.
10. With the aforesaid observations, directions and liberty
Patna High Court CWJC No.12578 of 2025 dt.08-09-2025
granted, the present writ application is disposed off.
11. All pending I.A.s., if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
Prakash/-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
