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Patna High Court

Urmila KumariversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed for lack of merit and for being barred by delay and laches.

Summary

Urmila Kumari, engaged as a Lok Shikshak to teach children aged 6‑14, sought to have her stipendiary post regularised by treating her as a Panchayat Shiksha Mitra after the latter class of employees was created and later regularised. The State had abolished the Lok Shikshak post in 2006 and earlier coordinate benches had dismissed similar petitions, holding that the petitioner should have approached the competent authority at the time of her engagement. The Patna High Court observed that the petitioner did not seek parity when the Shiksha Mitra posts were created or when the Lok Shikshak post was abolished, and that the delay and laches barred any equitable relief. While the Court allowed her to file a representation before the Principal Secretary, HRD, it dismissed the writ petition on the merits, finding no cause for relief. No costs were awarded.

Issues considered

  • Whether a Lok Shikshak can be treated as a Panchayat Shiksha Mitra for purposes of regularisation.
  • Whether the Court can direct the creation of an abolished post to grant parity.
  • Whether the petition is barred by delay and laches.

Subjects

  • Lok Shikshak
  • Shiksha Mitra
  • regularisation
  • writ petition
  • delay
  • laches
  • service law
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1346 of 2017
                 ======================================================
                 Urmila Kumari W/o Sri Pramod Kumar Ray, R/o Vill- Darwa, Post- Darwa,
                 Via- Purushootampur, P.S.- Tajpur O.P. Halai, Dist- Samastipur 848505.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    The Principal Secretary, Human Resources Development Department, Govt.
                 of Bihar, Patna.
           3.    The Director, Primary Education, Government of Bihar, Patna.
           4.    The District Magistrate, District Samastipur. null null
           5.    The District Superintendent of Education, District- Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Kumar Bal Krishan, Advocate
                 For the Respondent/s   :       Mr. Madhaw Prasad Yadav, GP-23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

6   18-02-2026                   The petitioner was engaged as a Lok Shikshak, on

                   the basis of Stipend (Mandey), for imparting basic education to

                   the children between the age of 6 to 14 years. After her

                   engagement, she          was    imparted training and thereafter

                   discharging her duty as Lok Shikshak. Subsequently, by

                   Resolution No. 1079 dated 20th June, 2002, the Government of

                   Bihar decided to appoint Shiksha Mitra at Gram Panchayat

                   Level selected by the jurisdictional Gram Panchayat for

                   imparting basic education, initially for a period of 11 months.

                   Subsequently, the period of contract was extended up to three

                   years. Subsequently by a Resolution No. 1458, dated 11 th
Patna High Court CWJC No.1346 of 2017(6) dt.18-02-2026
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          August, 2004, the State Government decided to regularize the

          service of Shiksha Mitra against the vacant post of Assistant

          Teachers as Panchayat Teachers. The Stipendiary appointment

          of Lok Shikshaks was abolished in the year 2006. Some of the

          Lok Sikshaks filed several writ petitions bearing C.W.J.C. No.

          14493 of 2008 along with other writ petitions and a Co-ordinate

          Bench of this Court disposed of the same writ petitions by an

          order dated 21st March, 2012. The Co-ordinate Bench disposed

          of the said writ petitions by passing an analogous order as

          hereunder:-

                                      In the considered opinion of this Court,
                                 the solitary prayer made in these writ
                                 applications for treating the Lok Shikshak
                                 equivalent to Panchayat Shiksha Mitra on a
                                 date on which the post of Panchayat
                                 Shiksha Mitra did not remain in existence
                                 seems to be wholly misconceived. The post
                                 of Panchayat Shiksha Mitra came to be
                                 abolished w.e.f 01.07.2006 on which date
                                 all the working Panchayat Shiksha Mitra
                                 were sought to be absorbed as Panchayat
                                 Shikshak. If the petitioners holding the
                                 engagement       as     Lok   Shikshak   were
                                 therefore, sought to be discriminated from
                                 the inception by not being given the same
                                 facility as, Panchayat Shiksha Mitra, they
                                 had to move before the competent Authority
                                 at the time of their engagement for seeking
                                 parity with the Panchayat Shiksha Mitra.
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                                 That having been not done, this Court
                                 cannot     direct       for    creation    of     those
                                 abolished post of Panchayat Shiksha Mitra
                                 for its being made the basis for providing
                                 equal treatment to Lok Shikshak.


                                       True it is that the highest authorities in
                                 the State at one point of time had
                                 considered the grievance of the petitioners
                                 and      had      also        made      some    public
                                 announcement            as     appears     from     the
                                 newspaper cuttings enclosed with the writ
                                 application but then these newspaper
                                 cuttings in isolation cannot be made the
                                 basis for issuance of a direction specially
                                 when this Court does not find that the post
                                 of Panchayat Shiksha Mitra and the post of
                                 Lok Shikshak was same and similar.


                                       Everything apart, if the Government,
                                 however, had at any point of time thought it
                                 necessary to consider the cases of the Lok
                                 Shikshak and also if the petitioners can
                                 demonstrate that the promise made by the
                                 State    and      its    officials   would       create
                                 estoppel, they can still satisfy the State
                                 Government          that       having     made      the
                                 Panchayat Shiksha Mitra as a Panchayat
                                 Teacher by framing of the rules similar
                                 provisions could have been made for the
                                 Lok Shikshak. It is this aspect of the matter
                                 which has been decided by the Apex court
                                 in its judgment in the case of Surya Narain
                                 Yadav vs The Bihar State Electricity
                                 Board and Ors reported in AIR 1985 SC
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                                 941.


                                         Thus if there be any promise on the
                                 part of the State Government as with
                                 regard to Lok Shikshak as is being claimed
                                 by the petitioners they would at least be
                                 entitled for reconsideration of their cases.


                                         Considering all these aspects, this
                                 Court, without expressing any opinion on
                                 the merits of the claim of the petitioners,
                                 would give them liberty to file their
                                 representation      before   the    Principal
                                 Secretary      of   the   Human    Resources
                                 Development Department, Bihar, who in
                                 the light of the scheme of the Government
                                 as with regard to the earlier abolished post
                                 of Panchayat Shiksha Mitra and the post of
                                 Lok Shikshak will place the matter before
                                 the State Government and obtain necessary
                                 orders as with regard to extending the same
                                 facility of the post of Panchayat Shiksha
                                 Mitra to the Lok Shikshak.


                                        With the aforementioned observations
                                 and directions, these applications are
                                 disposed of.
                      2. The petitioner has prayed for the similar relief by

          filing the instant writ petition in the year 2017.

                      3. Learned Advocate on behalf of the petitioner refers

          to a judgment passed by a Co-ordinate Bench in C.W.J.C. No.

          6881 of 2020 and C.W.J.C. No. 6721 of 2020, wherein and
Patna High Court CWJC No.1346 of 2017(6) dt.18-02-2026
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          wherunder by an order dated 28th March, 2025, the Co-ordinate

          Bench disposed of the above-mentioned writ petitions in the

          light of the judgment passed in C.W.J.C. No. 14493 of 2008

          (Bihar Pradesh Lok Shikshak Sangh & Ors. v. The State of

          Bihar & Ors) (and other analogous cases) directing the

          Additional Chief Secretary, Education Department to consider

          the grievance of the petitioner in the light of the judgment

          passed in C.W.J.C. No. 14493 of 2008 and disposed of the

          individual representations filed on behalf of the petitioners

          expeditiously in accordance with law.

                      4. It is needless to say that the judgment passed by the

          Co-ordinate Bench in C.W.J.C. No. 6881 of 2020 and another

          case does not have any pointing effect upon this Court. It has

          only a persuasive value.

                      5. Be that as it may, the petitioner was engaged as Lok

          Shikshak prior to 2002, her service came to an end in the year

          2006. In the year 2002, a new class of employees, namely,

          Shiksha Mitra came into existence at Panchayat level. The

          petitioner did not take any step either in 2002 when the posts of

          Shiksha Mitra came to existence or in 2006 when the posts of

          Lok Shikshaks were abolished or in 2012 and 2013 immediately

          after disposal of C.W.J.C. No. 14493 of 2008.
           Patna High Court CWJC No.1346 of 2017(6) dt.18-02-2026
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                                 6. Thus, the instant writ petition suffers from delay

                     and latches. When a person claims an equitable right in writ

                     jurisdiction      he/she      must      be     vigilant   about   his/her

                     fundamental/legal right. If he/she sits on the fence and comes

                     forward only after a considerable period of delay experiencing

                     the fate of his/her colleagues, the writ Court shall refrain from

                     granting any relief to the petitioner.

                                 7. For the reasons stated above, I do not find any

                     merit in the instant writ petition.

                                 8. Accordingly, the instant writ petition is dismissed

                     on contest.

                                 9. However, there shall no order as to cost.



                                              (Bibek Chaudhuri, J)
Jyoti Kumari/-

U


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