Patna High Court
Chandan Kumar UpadhayayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ petition is disposed with liberty to file a fresh representation before the District Education Officer, who must decide it on merit within the prescribed time, without granting any substantive relief at this stage.
Summary
The petitioner, on behalf of a peon who suffered a paralytic attack while on duty during the 2024 Lok Sabha elections, sought a writ directing the respondents to pay his salary, provide government-funded medical treatment, and grant compensation. The petitioner was ready to file a detailed representation before the District Education Officer, Sasaram, Rohtas. Both the State and Election Commission counsel raised no objection to this approach. The Court, noting the limited nature of the prayer, disposed of the writ by granting the petitioner liberty to file the representation within one month and directing the District Education Officer to decide it on merit within four months, issuing a reasoned order. The Court clarified that any relief found appropriate in the representation must be implemented within three months of the final order.
Issues considered
- Whether the petitioner is entitled to regular salary, medical treatment, and compensation for injuries sustained during official duty.
- Whether the Court can direct the filing of a representation before the District Education Officer and prescribe timelines for its disposal.
Subjects
- writ petition
- salary
- medical treatment
- government employee
- Lok Sabha election
- paralysis
- representation
- District Education Officer
- public servant compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.138 of 2026
======================================================
Chandan Kumar Upadhayay Son of Baijnath Upadhaya, Resident of Village
and Post Office- Balua, Police Station- Krishnagadh, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Election Commission of India, through Under Secretary, Nirvachan
Sadan, Ashoka Road, New Delhi.
3. The Election Commission of Bihar, through Under Secretary, Patna, Bihar.
4. District Election Officer cum District Magistrate, Rohtas.
5. Dy. Election Officer, Rohtas.
6. Assistant Election Officer cum DCLR, Bikram, Rohtas.
7. District Programme Officer, Establishment, (Sasaram) Rohtas.
8. The Secretary, Education Department, Govt. of Bihar, Patna.
9. The District Education Officer, Sasaram, Rohtas.
10. The Principal, Sarwoday plus 2 High School, At and P.O.- Nokha, District-
Sasaram, Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Harendra Nath Ojha, Advocate
For the Respondent/s : Mr.Addl. Advocate General (07)
For Election Commission
of India : Mr. Siddhartha Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner, learned
counsel appearing on behalf of the respondent-State and learned
counsel appearing on behalf of the Election Commission.
2. With consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner has prayed for grant of following
relief :-
Patna High Court CWJC No.138 of 2026(2) dt.08-01-2026
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“1. To issue an appropriate writ, order and
direction to the respondent authorities for paying salary
regularly to Baijnath Upadhaya, Peon, Sarvodaya +2
High Shool, Nokha, who had got heat stroke, fainted and
fell down on road at Natwar and Hospitalize in
Bikramganj Sub Divisional Hospital which was later on
converted into paralysis) during his duty period in Lok
Sabja election 2024 since 30th May, 2024 and then
continuous on bed under Doctor’s treatment and unable
to talk properly.
(ii) To issue an appropriate writ, order and
direction to the respondent authorities for proper
treatment of the said Baijnath Upadhaya on Govt. cost as
a Govt. employee who had suffer from Paralytic attack
during his duty period in Lok Sabha election 2024 since
30th May, 2024.
(iii) To issue an appropriate writ, order and
direction to the respondent state authorities for ex. Gratia
grant / Medical expense reimbursement/compensation or
other relief etc. If any to the said Baijnath Upadhaya,
and / or his family who had has spent huge amount of
money and suffer pain during his treatment in this
regard.”
4. After advancing some arguments, learned counsel
for the petitioner submits that for the aforesaid relief claimed in
the present writ application, the petitioner is ready to file a detail
representation before the District Education Officer, Sasaram,
Rohtas and accordingly, submits that appropriate direction be
issued to the aforesaid District Education Officer, Sasaram,
Rohtas to dispose of the said representation on merit within a
fixed time frame after giving an opportunity of hearing to the
petitioner.
5. To the aforesaid submissions made by learned
Patna High Court CWJC No.138 of 2026(2) dt.08-01-2026
3/4
counsel for the petitioner, learned counsel appearing for
respondent-State as well as learned counsel for the Election
Commission do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a fresh
representation before the District Education Officer, Sasaram,
Rohtas within one month from the date of passing of this order.
If such a representation is filed, District Education Officer,
Sasaram, Rohtas, is directed to dispose of the said
representation on merit within a further period of four months
from the date of filing of the representation after giving an
opportunity of hearing to the petitioner.
7. Needless to emphasis that the final order which
shall be passed by the District Education Officer, Sasaram,
Rohtas, shall be a reasoned and speaking order. While disposing
of the representation of the petitioner, the District Education
Officer, Sasaram, Rohtas shall take notice of the communication
dated 15.01.2025 issued by the District Magistrate, Rohtas
(Annexure-P-14).
8. It is made clear that if the petitioner is found
entitled to the relief as claimed in the representation, the same
Patna High Court CWJC No.138 of 2026(2) dt.08-01-2026
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should be extended to the petitioner within a further period of
three months from the date of passing of the final order.
9. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
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