Patna High Court
Akbar MianversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court directed the petitioner to file a representation before the District Education Officer, West Champaran, and bound the officer to dispose of it within five months after hearing, with a further three‑month period to grant the relief if found due.
Summary
The petitioner, a school teacher, filed a writ petition seeking the grant of the Second Assured Career Progression (A.C.P.) Scheme in the grade pay of Rs. 4600 as per the A.C.P. Rules‑2003. The petitioner offered to file a representation before the District Education Officer, West Champaran, and requested the court to direct the officer to dispose of it within a fixed period, taking note of observations made in earlier Patna High Court orders (CWJC No. 4176 of 2017 and CWJC No. 20410 of 2019). The State of Bihar raised no objection to this limited prayer. The court, with the parties’ consent, disposed of the writ application, granting liberty to the petitioner to file the representation within one month and directing the District Education Officer to decide it within five months after hearing, and to issue a reasoned order. If the petitioner is found entitled to the relief, the court directed that it be granted within three months of the final order.
Issues considered
- Whether the court can direct the petitioner to file a representation before the District Education Officer for the grant of the Second Assured Career Progression Scheme.
- Whether the District Education Officer can be bound to dispose of the representation within a specified time frame and issue a reasoned order.
Subjects
- Writ jurisdiction
- Assured Career Progression Scheme
- Education service
- Representation
- Procedural direction
- District Education Officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12006 of 2017
======================================================
Akbar Mian son of Late Khedu Mian resident of Village -Patilar Hata Tola,
P.S. - Bagha, District - West Champaran Presently residing at Village -
Ratanmala, Ward No. 33, P.S. - Bagha, District - West Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
4. The Director, Primary Education, Government of Bihar, Patna.
5. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
6. The District Education Officer, West Champaran.
7. The District Programme Officer (Establishment), West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Respondent/s : Mr. Jai Prabhat Kishore, AC to SC 13
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
6 06-01-2026 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the respondent-State.
2. With the consent of the parties, this writ application
is being disposed of at the stage itself.
3. The petitioner in the present writ application has
prayed for grant of the following relief(s):-
“The petitioner seeks indulgence of
this Hon’ble Court for directing and
commanding the respondent authorities to
consider the grant of Second Assured Career
Patna High Court CWJC No.12006 of 2017(6) dt.06-01-2026
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Progression Scheme (A.C.P. Scheme) in grade
pay of Rs. 4600/- in the pay band of Rs. 9300-
34800/- to corresponding grade pay as per the
grade defined in the definition Rule-4 of
Assured Career Progression Scheme (A.C.P.)
Rules-2003 notified by the Finance Department,
Government of Bihar, to the petitioner from due
date and with consequential benefits.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief,
the petitioner is prepared to file a representation before the
District Education Officer, West Champaran and prays that an
appropriate direction be issued to the District Education Officer,
West Champaran, to dispose of the representation within a fixed
time frame, after giving an opportunity of hearing to the
petitioner. The petitioner further submits that there are certain
observations made in the order dated 25.08.2021 passed in
CWJC No. 20410 of 2019 and in the order dated 17.07.2019
passed in CWJC No. 4176 of 2017, which as per learned
counsel appearing for the petitioner, the respondent District
Education Officer, West Champaran may be directed to take
note of while disposing of the representation of the petitioner.
5. To the aforesaid submission made by learned
counsel for the petitioner, learned counsel appearing for the
Patna High Court CWJC No.12006 of 2017(6) dt.06-01-2026
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respondent-State does not have any objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner, this case is disposed of
granting liberty to the petitioner to file an appropriate
representation before the District Education Officer, West
Champaran, within one month from the date of passing of this
order. In the said representation, the petitioner is expected to
highlight the observation made by this Court in CWJC No. 4176
of 2017 and CWJC No. 20410 of 2019.
7. On the receipt of the said representation, the
District Education Officer, West Champaran shall dispose of the
same within a further period of five months, after giving an
opportunity of hearing to the petitioner.
8. Needless to emphasize that the final order which
shall be passed by the District Education Officer, West
Champaran, should be a well reasoned and speaking order.
9. It is also made clear that in case the petitioner is
found entitled to the relief which the petitioner would be
claiming in the representation, the same should be extended to
the petitioner within a further period of three months from the
date of passing of the final order.
10. With the aforesaid observation, direction and
Patna High Court CWJC No.12006 of 2017(6) dt.06-01-2026
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liberty granted, the present writ application stands disposed of.
11. Pending Interlocutory Application, if any, stands
disposed of.
(Alok Kumar Sinha, J)
Ranjeet/-
U
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