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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioners must first pursue the pending representation/appeal before the Regional Deputy Director of Education, and therefore the writ petition was disposed without granting the reliefs.

Summary

Sixteen petitioners, all teachers in Khagaria district, challenged an office order dated 12/04/2025 that altered their promotion/appointment dates and consequently their service benefits. They sought a writ of certiorari to quash the order, a mandamus directing the respondents not to interfere with the original dates (31‑12‑2004 for petitioners 1‑9 and 31‑12‑2005 for petitioners 10‑16), and the grant of benefits on the Science Graduate Scale. The petitioners had also filed an appeal before the Regional Deputy Director of Education, Munger, but no final decision had been rendered. The court noted the pending appeal and directed the petitioners to file a proper representation/appeal within four weeks and the respondent to decide the matter within twelve weeks after hearing. Consequently, the writ petition was disposed without granting the reliefs sought.

Issues considered

  • Whether a writ of certiorari and mandamus can be issued to quash an office order and restore promotion dates when an administrative appeal is pending
  • Whether the petitioners are required to exhaust the remedy of filing a representation/appeal before the Regional Deputy Director of Education before approaching the High Court

Subjects

  • service law
  • promotion
  • writ of certiorari
  • mandamus
  • education department
  • appointment date
  • service benefits
  • administrative remedy

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.11380 of 2025
     ======================================================
1.    Sujit Kumar Son of Siya Ram Mandal, Resident of Lenin Nagar, Tamtha
      Parbatta, P.O. and P.S.- Temtha, District- Khagaria.
2.   Gopal Prasad Son of Shivendra Prasad, Resident of Chandra Nagar, Ranko,
     Ward No. 08, Ranko Kosi College Khagaria, P.O. and P.S- Ranko, District-
     Khagaria.
3.   Sitesh Kumar Son of Anil Kumar, Resident of Village Ward No. 08, Mill
     Road, Mukhya Dakghar, P.O. and P.S- Khagaria, District- Khagaria.
4.   Jitendra Kumar Jiggiyiyasu Son of Baneshwar Prasad Yadav, Resident of
     Gram Olapur, Ward No. 17, P.O. and P.S.- Olapur Gangaur, District-
     Khagaria.
5.   Prabhakar Thakur Son of Krishnadeo Thakur, Resident of Chandrapur, P.O.
     and P.S.- Gogri, District- Khagaria.
6.   Paras Kumar Son of Shobha Kant Singh, Resident of Village- Kanhauli,
     Baltra, P.O- Phulwarua, P.S- Gogari, District- Khagaria.
7.   Rakesh Kumar Vaishya Son of Dhanik Lal Poddar, Resident of North
     Rajendra Nagar, P.O. and P.S- Sanhauli, District- Khagaria.
8.   Manoj Kumar Singh Son of Fulendra Prasad Singh, Resident of Chaidha,
     Ward No. 06 P.O- Bahu Bagicha, P.S- Maheskhunt, District- Khagaria.
9.   Yugal Kishor Singh Son of Sitaram Singh, Resident of Ashok Nagar, Kosi
     College, P.O., P.S and District- Khagaria.
10. Deepak Jaiswal Son of Shivendra Prasad, Resident of Ward No. 11, Pasraha,
    P.O. and P.S.- Pasraha, District- Khagaria.
11. Narendra Kumar Sinha Son of Shyam Sumiran Prasad, Resident of
    Shekhpura Madhurapur, P.O. and P.S- Madhurapur, District- Khagaria.
12. Surendra Kumar Son of Bishwanath Prasad Singh, Resident of Ward No. 08,
    South to Chanditola NH-31, P.O- Bahu Bagicha, P.S- Maheshkhunt, District-
    Khagaria.
13. Ashok Kumar Son of Surya Narayan Yadav, Resident of Bahadurpur, P.O-
    Bahadurpur, P.S- Alauli, District- Khagaria.
14. Md. Faiyaz Alam Son of Md. Zafir, Ward No. 04, Kasha P.O. and P.S.-
    Gogri, District- Khagaria.
15. Anil Kumar Son of Bishnudeo Sahu, Shri Krishna Ma Olapur Gangur, P.O.
    and P.S.- Gangaur, District- Khagaria.
16. Durga Nath Jha Son of Banarshi Jha, Ward No. 2, Gulab Nagar, P.O. and
    P.S- Sonhauli, District- Khagaria.

                                                             ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Department of
     Education, Government of Bihar, New Secretariat, Patna.
2.   The Director, Primary Education, Government of Bihar, New Secretariat,
     Patna.
         Patna High Court CWJC No.11380 of 2025(4) dt.02-02-2026
                                                     2/4




           3.    The Principal Secretary, Finance Department, Government of Bihar, Old
                 Secretariat, Patna.
           4.    The District Magistrate, Khagaria.
           5.    Regional Deputy Director of Education, Munger.
           6.    The District Education Officer, Khagaria.
           7.    The District Programme Officer, (Establishment) Khagaria.
           8.    The District Programme Officer, Planning and Accounts-cum-Member,
                 District Primary Teacher Establishment Committee-cum-Screening
                 Committee, Khagaria.
           9.    District Planning Officer-Co-Member District Elementary                  Teacher,
                 Establishment Committee-cum-Screening Committee, Khagaria.
           10. Kaushki Examining Senior Deputy Collector, Khagaria-Co-Member, District
               Primary Teacher Establishment Committee-cum-Screening Committee,
               Khagaria.
           11. District Programme Officer Establishment-cum-Member, Elementary
               Secretary, District Management Teacher, Establishment Committee-cum-
               Screening Committee, Khagaria.
           12. District Education Officer, Khagaria-cum-Chairman, District Primary
               Teacher, Establishment Committee-cum-Screening Committee, Khagaria.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Ms. Sweta Raj, Adv.
                 For the Respondent/s    :         Mr. Additional Advocate General (13)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   02-02-2026                 Heard the learned Advocate for the respective parties.

                               2. The petitioners have approached this Court for the

                   following reliefs:

                                                         “That this is an application for
                                             a issuance of a writ in the nature of
                                             certiorari for quashing of the office order
                                             issued by its Memo No. 1206A dated
                                             12/04/2025 under the signature of the
                                             District Education Officer, Khagaria (Sub
                                             Divisional Parisar, Khagaria), so far it
                                             relates to the petitioners under which the
                                             date of promotion/appointment of the
                                             petitioner 1 to 9 were changed from
Patna High Court CWJC No.11380 of 2025(4) dt.02-02-2026
                                            3/4




                                  31.12.2004 to 31.12.2007 and the date of
                                  promotion/appointment of the petitioner
                                  No. 10 to 16 were changed from
                                  31.12.2005 to 31.12.2007 and further for
                                  issuance of writ in the nature of
                                  mandamus directing the respondents not
                                  to interfere with the date of
                                  promotion/appointment of the petitioners
                                  1 to 9 as 31.12.2004 and 10 to 16 as
                                  31.12.2005. order,
                                             And further issuance of an
                                  appropriate writ/order/direction/directing
                                  the respondent to grants all the service
                                  benefits to the petitioners treating the
                                  date of appointment to petitioner 1 to 9 as
                                  science graduate scale to the petitioner
                                  promotion with effect from 31.12.2004
                                  and 10 to 16 treating the date of
                                  promotion 31.12.2005 in the Science
                                  Graduate Scale.
                                             And/direction and further for
                                  issuance of an appropriate writ/directing
                                  the respondents not to interfere with the
                                  date of promotion/appointment of the
                                  petitioners as a science graduate trained
                                  scale as granted under office order dated
                                  06/07/2024 save and accept in
                                  accordance with law.”

                      3. Adverting to the facts, as stated in the writ petition,

          it is lastly submitted that against the impugned order as

          contained in Annexure-P/7, the petitioners have also preferred

          an appeal before the Regional Deputy Director of Education,

          Munger Division. However, till date, no final decision has been

          taken.

                      4. A counter affidavit has been filed in support of the
            Patna High Court CWJC No.11380 of 2025(4) dt.02-02-2026
                                                        4/4




                      impugned order, besides it is also submitted that no such

                      representation/appeal has been received in the office of the

                      answering respondents.

                                  5. Considering the aforesaid facts, this Court directs

                      the petitioner to file appropriate representation/appeal before the

                      Regional Deputy Director of Education, Munger Division,

                      preferably within a period of four weeks.

                                  6. In case such a representation(s) is/are filed, the

                      concerned respondent no. 5 shall look into the matter and pass

                      appropriate order, after giving proper opportunity of hearing to

                      all the stakeholders, preferably within a period of twelve weeks,

                      from the date of receipt/production of a copy of this order.

                                  7. Accordingly, the writ petition stands disposed off.



                                                 (Harish Kumar, J)
shivank/-

U


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