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2026 Supreme(Online)(Pat) 3916

PATNA HIGH COURT
MR. PRAVEEN KUMAR, J
Nagendra Tiwari – Appellant
Versus
The State of Bihar through the Additional Chief Secretary, Department of Home (Police) Govt. of Bihar – Respondent
Civil Writ Jurisdiction Case No.21024 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Arun Kumar
For the Respondent-State:Mr. Additional Advocate General (13)

The court mandates timely consideration of employee promotion applications with a reasoned decision-making process.

Headnote:STATUTE ANALYSIS: The petitioner seeks a writ in the nature of mandamus for consideration of his claims for a 3rd MACP and promotion, citing grievances concerning treatment of similarly situated employees (PARAGRAPH 2). FACTS OF THE CASE: The petitioner claims his requests submitted to the respondents for promotions and benefits have not been addressed, despite compliance with procedural requirements outlined in his representations dated 26.5.2025 and 3.6.2025 (PARAGRAPH 2). FINDINGS OF COURT: The Court recognizes the need for a timely and reasoned response from the respondents regarding the petitioner’s claims and directs that a fresh representation be considered within a specified timeline (PARAGRAPHS 3-4). RESULTS: The writ application stands disposed of with directions to the respondents to address the petitioner’s claims appropriately.

Table of Content
1. petitioner's claims for promotions and benefits were not addressed. (Para 2 , 3)
2. writ application disposed with direction for relief consideration. (Para 5)

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 31-01-2026 Heard learned counsel for the parties.

2. The petitioner has filed this writ application for following reliefs:-

“(I) For issuance of a writ in the nature of mandamus commanding and directing upon the Respondents concerned to consider the claim of petitioner for grant of 3rd MACP after completion of 30 years of service w.e.f, 19.12.2018 as well as for promotion on the post of Sub-Inspector w.e.f 19.12.2023 since when similarly situated employees or even juniors to the petitioner have been considered and granted the promotion on the post of sub-Inspector as well as benefit of 3rd MACP but claim of petitioner is not considered without assigning any valid reason despite the fact that petitioner has represented his claim through proper channel on 26.5.202S addressed to Respondent No.5 which has already been endorsed with all necessary service records and information vide letter No.2650 dated 3.6.2025 addressed to respondent No.4 but till date neither claim of petitioner has been considered nor any communication has been made with the petitioner.

II. For further direction upon the respondents concerned to pay the due differences of salary accrued after providing the benefit of 3rd MACP as well as regular promotion on the post of S.I, which is due w.e.f. 19.12.2018 and 19.12.2023 respectively.

III. Any other order/orders for granting any other relief/reliefs for which the petitioner is found entitled to in the facts and IV. For grant of any other relief/reliefs for which the petitioner is legally entitled in1the facts and

3. At the outset, it is submitted by the learned counsel for the petitioner that vide Annexure-P/2, the petitioner has filed a detailed representation before the respondent no.5 raising his grievance, who, in turn, has forwarded his representation to the respondent no.3 by Annexure-P/3 vide Letter No. 2650 dated 03.06.2025 for the needful. However, till date no decision has been taken on the representation filed by the petitioner. 4. In the interest of justice, this Court finds it expedient to direct the petitioner to file a fresh representation annexing his previous representation with a copy to this order before respondent no. 3 within two weeks from today. It is expected that respondent No.3 shall consider all the aspects of the matter and the grounds mentioned in the representation after affording an opportunity of hearing to the petitioner and pass a reasoned and speaking order in accordance with law within a period of six weeks from the date of receipt of the representation, which may be communicated to the petitioner.

5. This writ application stands disposed of in the aforesaid terms.

(Praveen Kumar, J)

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