Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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
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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
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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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