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Patna High Court

Amarjeet RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must first file a fresh representation before the Directorate, and the writ petition cannot be entertained until that step is taken.

Summary

A group of twenty‑one contract employees of Braj Kishore Narayan Singh Government Polytechnic, Gopalganj, filed a writ petition seeking a mandamus directing the State of Bihar and its education department to regularise their services and grant them pay and benefits equivalent to regular staff. The petitioners alleged that they had been selected and appointed after roster clearance but were not absorbed despite representations made to the Secretary, Department of Science, Technology and Technical Education in 2023. The State argued that the petitioners had already approached the competent authorities and that the matter should be decided there. The Court examined the submissions and observed that the petitioners had not exhausted the administrative remedy of filing a fresh representation before the Directorate. Consequently, the Court disposed of the writ petition, directing the petitioners to file a fresh representation within two weeks and stating that any such representation would be decided within four weeks. The order thus does not grant the relief sought but leaves the matter for administrative consideration.

Issues considered

  • Whether the petitioners are entitled to a writ of mandamus directing their regularisation in the absence of a fresh representation before the concerned authorities.

Subjects

  • regularisation
  • contract employees
  • mandamus
  • public service
  • administrative remedy
  • Bihar
  • government polytechnic

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.3101 of 2025
     ======================================================
1.    Amarjeet Ram Son of Laljee Ram, Resident of village and P.O.-
      Kushoundhi, P.S.-Mirgang, District- Gopalganj, At present working as
      workshop Instructor, Braj Kishor Narayan Singh Government Polytechnic,
      Gopalganj.
2.   Pramod Kumar Son of Amarjeet Ram, Resident of village- Amaithi Kala,
     P.O.- V.S. Mills Gopalganj, P.S.- Thawe, District- Gopalganj, At present
     working as Guest Technical Assistant/ Mechanical Engineer B.K.N.S. GP,
     Gopalganj.
3.   Krishna Kumar Son of Bali Sugriw Prasad, Resident of village- Nai Basti
     Shiwaji Nagar, Fatepur, District- Siwan, at present residing at Mantegrani,
     P.O.- Maharani, P.S.-Mohammadpur, District-Gopalganj, At present working
     as Lab Assistant (Civil Eng.), Braj Kishor Narayan Singh GP Gopalganj.
4.   Chandan Kumar Son of Ashok Singh, Resident of village- Ganjpar, P.O.-
     Nawtan, P.S- Ekma, District- Saran, at present residing at Mantengrani, P.O.-
     Manharani, P.S.-Mohammadpur, District- Gopalganj, At present working as
     Workshop instructor, Braj Kishor Narayan Singh Govt. Polytechnic College,
     Gopalganj.
5.   Manish Kumar Singh Son of Kameshwar Singh, Resident of village and
     P.O.- Maharani, P.S.- Mohammadpur, District- Gopalganj, At present
     working as Technical Assistant (Electrical Engineer), Braj Kishor Narayan
     Singh Govt. Polytechnic College, Gopalganj.
6.   Kishan Kumar Son of Rajesh Kumar, Resident of village- Nakchhed Tola,
     Jamla Road, Ward No.16, P.O. and P.S.-Motihari, District- East Champaran,
     at present residing at Mantengrahi, P.O.-Maharani, P.S.-Mohammadpur,
     District- Gopalganj, At present working as Lab Assistant (Electrical Eng.)
     Braj Kishor Narayan Singh Government Polytechnic, Gopalganj.
7.   Md. Firoz Alam Son of Md. Noor Alam Ansari, Resident of village and P.O.-
     Nawada, P.S.-Barauli, District- Gopalganj, At present working as Technical
     Assistant (Lab Assistant) Electronics Department, Braj Kishor Narayan
     Singh Government Polytechnic, Gopalganj.
8.   Ranjan Kumar Son of Lakshman Bhagat, Resident of village- Khalpura,
     P.O.-Baghakol, P.S.-Maker, District- Saran, at present residing at
     Mantengrahi, P.O.-Maharani, P.S.- Mohammadpur, District- Gopalganj, At
     present working as Instructor Electrical Science and Technology, Braj
     Kishor Narayan Singh Govt. Polytechnic, Gopalganj.
9.   Manish Kumar Son of Narayan Pd. Yadav, Resident of village- Basant
     Chapra, P.O.-Maharani, P.S.- Mohammadpur, District-Gopalganj, At present
     working as Instructor L.L.R.M. Polytechnic Ajitwal Moga (Punjab).
10. Upendra Kumar Son of Kapil Dev Prasad Yadav, Resident of village-
    Bansghat Masurdya, P.O.-Maharani, P.S.-Mohammadpur, District-
    Gopalganj, At present working as Lab Assistant, B.K.N.S. Govt.
    Polytechnic, Gopalganj.
11. Atul Kumar Saini Son of Vijay Kumar, Resident of village- Sawanahi Patti
    Tola, Dhum Nagar, Bathua Bazar, Phulwaria, At present working as Lab
    Assistant/Mechanical Engineer, West Champaran Govt. Polytechnic,
    Bettiah.
Patna High Court CWJC No.3101 of 2025(2) dt.31-01-2026
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  12. Saheb Hussain Ansari Son of Sahid Ansari, Resident of village-
      Mohammadpur Patti, P.O.- Kaladumra via Mustafabad, P.S.G.B. Nagar
      (Tarwara), District- Siwan, At present working as Instructor Mechanical
      Engineer, B.K.N.S. Government Polytechnic, Gopalganj.
  13. Sonu Alam Son of Md. Mustafa, Resident of village- Bansgath, Mansuriya,
      P.O.-Maharani, P.S.-Mohammadpur, District-Gopalganj, At present working
      as Workshop Instructor (Mechanical Eng.), Braj Kishor Narayan Singh
      Govt. Polytechnic, Gopalganj.
  14. Rajiv Ranjan Kumar Singh Son of Vijay Narayan Singh, Resident of village-
      Patti Jasuli, P.O.-Jasauli Patti, District- East Champaran, At present working
      as Workshop Instructor (Mechanical Eng.) Braj Kishor Narayan Singh Govt.
      Polytechnic, Gopalganj.
  15. Vivek Kumar Singh Son of Manoj Singh, Resident of village- Karasghat,
      P.O.-Jhajhawa Bazar, P.S.- Mohammadpur, District- Gopalganj, At present
      working as Workshop Instructor (Mechanical) Braj Kishor Narayan Singh
      Govt. Polytechnic, Gopalganj.
  16. Pramod Kumar Ram Son of Lalan Ram, Resident of village and P.O.-
      Kusaundhi, P.S.-Mirganj, District- Gopalganj, At present working as
      Workshop Instructor Government Polytechnic, West Champaran.
  17. Ramesh Kumar Ram Son of Lal Babu Ram, Resident of village- Bansghat
      Masuriya, P.O.-Maharani, P.S.- Mohammadpur, District- Gopalganj, At
      present working as Workshop Instructor (Mechanical Eng.) Braj Kishor
      Narayan Singh Govt. Polytechnic College, Gopalganj.
  18. Ramesh Singh Son of Vishawnath Singh, Resident of village-
      Ranisaraisawa, P.O.- Kusanndhi, P.S.- Mirganj, District- Gopalganj, At
      present working as Instructor (Mechanical) Braj Kishor Naryan Singh Govt.
      Polytechnic, Gopalganj.
  19. Amarjit Kumar Singh Son of Birendra Singh, Resident of village-
      Narayanpur, P.O. Shahpur, P.S.- Nautan, District- Siwan, At present working
      as Instructor (Mechanical Engineer), Braj Kishor Narayan Singh Govt.
      Polytechnic, Gopalganj.
  20. Md. Saif Anwar Son of Md. Shamshad Anwar, Resident of village and P.O.-
      Jhirwan, P.S.-Uchkagaon, District- Gopalganj, At present working as Lab
      Assistant in Civil department, Braj Kishor Narayan Singh Govt. Polytechnic,
      Gopalganj.
  21. Deepak Kumar Thakur Son of Harendra Thakur, Resident of village and
      P.O.- Ramchandrapur, District- Gopalganj. At present working as Lab
      Assistant in Civil department, Braj Kishor Narayan Singh Govt. Polytechnic,
      Gopalganj.
                                                                ... ... Petitioner/s
                                          Versus
  1. The State of Bihar through the Additional Chief Secretary, Department of
      Science, Technology and Technical Education, Bisheshwaraiya Bhawan,
      Bailey Road, Patna.
  2.    The Director, Directorate of Science, Technology and Technical Education,
        Bisheshwaraiya Bhawan Bailey Road, Patna.
  3.    The Joint Secretary, Directorate of Science, Technology and Technical
         Patna High Court CWJC No.3101 of 2025(2) dt.31-01-2026
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                 Education, Bisheshwaraiya Bhawan Bailey Road, Patna.
           4.     The Principal, Braj Kishore Narayan Singh, Government Polytechnic,
                  Gopalganj.
                                                                   ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Subodh Kumar Jha, Adv.
                                                  Mr. Awadhesh Kumar Singh, Adv.
                                                  Mr. Pranav Kumar Jha, Adv.
                 For the Respondent/s    :        Mr. Sarvesh Kumar Singh, AAG-13
                                                  Mr. Ravi Kumar, AC to AAG-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   31-01-2026                   Heard Mr. Subodh Kumar Jha, learned Advocate for

                   the petitioners and Mr. Ravi Kumar, learned Advocate for the

                   State.

                                 2. The petitioners have approached this Court for the

                   following reliefs:-

                                                         “1. That this writ application
                                             is being filed for issuance of an
                                             appropriate writ/writs or order/orders in
                                             the nature of mandamus for directing and
                                             commanding        the    respondents    to
                                             absorb/regularize the service of the
                                             petitioners on their respective post upon
                                             which they are working after due
                                             selection in accordance with law and
                                             appointment made against the post after
                                             roster clearance from the date of their
                                             respective joining and further for a
                                             direction upon the respondents to allow
                                             the petitioners to continue on their
                                             respective post, till their services is
                                             absorbed in the State or till the
                                             petitioners     attain    the    age    of
                                             superannuation i.e. till 60 years and
                                             further in case of absorption or otherwise
                                             give them wattage on past services
Patna High Court CWJC No.3101 of 2025(2) dt.31-01-2026
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                                  rendered by them for 5.1 in each year as
                                  has been given to the contract employee
                                  working in other department of the State
                                  and as much as on the basis of a direction
                                  issued by the Hon’ble Court in this regard
                                  time to time. And further for any other
                                  relief or reliefs for which the petitioner is
                                  entitled in the facts and circumstances of
                                  this case.”

                      3. Learned Advocate for the petitioners taking this

          Court through the various averments made in the writ petition

          has lastly submitted that for redressal of the grievance, the

          petitioners have also approached the Secretary, Department of

          Science, Technology and Technical Education, Bihar, Patna.

          However, notwithstanding his representation filed way back in

          the year 2023, till date, no proper action has been taken

          compelling the petitioners to approach this Court.

                      4. Learned Advocate for the State submits at the bar

          that since the petitioners have already filed a detailed

          representation before the concerned authorities, who are

          competent to look into the matter.

                      5. Considering the submissions advanced by the

          learned Advocate for the parties and taking note of the

          aforenoted facts, the writ petition stands disposed off with a

          liberty to the petitioners to file a fresh representation before the

          respondent nos. 2 and 3, preferably within a period of two
            Patna High Court CWJC No.3101 of 2025(2) dt.31-01-2026
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                      weeks, from the date of receipt/production of a copy of this

                      order.

                                  6. In case such a representation is filed, the same shall

                      be considered and disposed off, in accordance with law, within

                      a further period of four weeks.



                                                 (Harish Kumar, J)
shivank/-

U


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