Patna High Court
Bhola Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court directed the Director, Primary Education, Bihar to dispose of the pending representation within three months, after hearing, and to pass a reasoned order.
Summary
Bhola Kumar Singh, a teacher appointed as Block Teacher, filed a writ petition seeking a mandamus directing the Director of Primary Education, Bihar, to consider his pending representation dated 02‑04‑2025 for regularisation on the pay‑scale of Assistant Teacher, along with arrears and differential salary, relying on the Supreme Court judgment (2021) 20 SCC 707. The petitioner alleged that his claim for regular post and related salary benefits remained unconsidered despite the representation. The State of Bihar and other education officials were respondents, and they raised no objection to the limited prayer. The High Court, noting the absence of opposition, ordered the Director to dispose of the pending representation within three months after granting the petitioner a hearing and to issue a reasoned order. If the Director finds the petitioner entitled to the relief, the order extending the benefits must be passed within a further three months. The writ application was consequently disposed of with these directions.
Issues considered
- What relief, if any, can be granted by a writ of mandamus directing a government education officer to consider a pending representation for regularisation and salary benefits?
Subjects
- mandamus
- regularisation of teacher
- pay scale
- arrears of salary
- representation
- education department
- Bihar
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15325 of 2025
======================================================
Bhola Kumar Singh Son of Late Ramashish Singh, Resident of Village-Bande
Bishanpur, Ward No. 04, Police Station-Tajpur, District-Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The District Education Officer, Samastipur.
4. The District Programme Officer (Establishment), Samastipur.
5. The Block Education Officer, Morwa, District-Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Kant Mishra
For the Respondent/s : Mr.Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 31-03-2026 Heard the learned counsel for the petitioner and
the learned counsel appearing for the respondent-State.
2. With the consent of the parties, this writ application
is being disposed of at this stage itself.
3. The petitioner, in the present writ application, has
prayed for the grant of following reliefs:-
“That this writ application is being filed in
the nature of Mandamus for directing to
respondent no.2 the Director, Primary
Education, Education Department,
Government of Bihar, Patna to consider the
claim of the petitioner for getting regular
Patna High Court CWJC No.15325 of 2025(3) dt.31-03-2026
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pay scale on regular post of Assistant
Teacher from the initial date of appointment
on compassionate ground in the light of
squarely covered Judgement reported in
(2021) 20 SCC-707 for which the
representation dated 02.04.2025, which is
still pending for consideration.
(ii) This writ application is also being filed
for directing the respondents to pay the
arrears of salary since the date of initial
appointment on the post of Block Teacher
Treating the appointment of the petitioner
as regular Teacher at Pay -Scale 9300-
34800/- Grade pay 4200/-.
(iii) This writ application is also being filed
for directing the respondents to pay the
differential salary since the date of initial
appointment of the petitioner
compassionate ground in accordance with
regular pay scale.
(iv) This writ application is also being filed
for issuance of a direction to the respondent
no.2 to dispose of the representation of the
petitioner dated 02.04.2025 by way of
reasoned and speaking order in the light of
covered judgement reported in (2021) 20
SCC-707.”
Patna High Court CWJC No.15325 of 2025(3) dt.31-03-2026
3/4
4. After advancing some argument, the learned
counsel for the petitioner submits that for seeking the
aforesaid relief(s), the petitioner has already filed a
representation dated 02.04.2025 (Annexure-P/3) before the
Director, Primary Education, Education Department, Govt.
of Bihar, Patna and the same continues to be pending. He,
therefore, submits that an appropriate direction be issued to the
Director, Primary Education, Education Department, Govt.
of Bihar, Patna to dispose of the pending representation of
the petitioner within a fixed time-frame, after giving an
opportunity of hearing to the petitioner.
5. To the aforesaid submission made by the learned
counsel for the petitioner, the learned counsel appearing for the
respondent-State does not have any objection.
6. Considering the limited nature of prayer made by
the learned counsel for the petitioner, this writ application is
disposed of, directing the Director, Primary Education,
Education Department, Govt. of Bihar, Patna to dispose of
the pending representation dated 02.04.2025 (Annexure-P/3)
within three months from the date of receipt/production of a
copy of this order by the petitioner, after giving an opportunity
of hearing to the petitioner.
Patna High Court CWJC No.15325 of 2025(3) dt.31-03-2026
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7. Needless to emphasize that the order, which shall
be passed by the Director, Primary Education, Education
Department, Govt. of Bihar, Patna should be a reasoned and
speaking order and in case the petitioner is found entitled to
the relief(s), which the petitioner has claimed through the
pending representation, the same shall be extended to the
petitioner within a further period of three months from the
date of passing of the order by the Director, Primary
Education, Education Department, Govt. of Bihar, Patna.
8. With the aforesaid observation/direction, the
present writ application stands disposed of.
9. All pending interlocutory application(s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
U
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