Patna High Court
Kamlesh UpadhyayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court ordered the petitioner to file a fresh representation and directed the authority to decide it within six weeks, thereby disposing of the writ petition.
Summary
Kamlesh Upadhyay, a block teacher, filed a writ petition seeking a mandamus directing the Director of Primary Education to expedite and decide his pending representation regarding the grant of matric‑trained pay‑scale and related benefits, as ordered in the earlier Kishor Kumar case. The petitioner alleged that despite a directive for a four‑week decision, the representation filed on 06‑03‑2023 remained unresolved. The State argued that the pending representation could be dealt with by the authority. The High Court directed the petitioner to file a fresh representation within two weeks, referencing the earlier representation and court order, and instructed the authority to decide it within six weeks and grant any entitled benefits. The court then disposed of the writ petition.
Issues considered
- Whether the court can issue a mandamus directing the Director, Primary Education to decide the pending representation.
- Whether the petitioner is entitled to relief for delay in adjudicating his representation under the earlier judgment.
Subjects
- writ petition
- mandamus
- natural justice
- representation
- pay scale
- education department
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4182 of 2026
======================================================
Kamlesh Upadhyay son of Ramsagar Upadhyay, resident of Village-
Hujhujipur, P.O. Tlyay, P.S. Andar, Hujhujjipur, District- Siwan-841231 at
present Block Teacher Middle School, Khedhay, Block- - Andar, District-
Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The District Education Officer, Siwan.
5. The Block Development Officer, Andar, District- Siwan.
6. The Block Education Officer, Andar, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam Kejriwal, Adv.
Mr.Alok Kumar Jha, Adv.
Mr. Alok Kumar Jha, Adv.
For the Respondent/s : Mr. Abbas Haider, SC6
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 26-03-2026 The writ application has been filed for the following
relief:-
“1. a) For issuance of a writ or an order
or a direction in the nature of mandamus
directing the respondent no. 3 i.e. Director,
Primary Education, to expedite and dispose of
the representations submitted by the petitioner
in connection with his grievance which are
lying pending since long for no rhyme and
Patna High Court CWJC No.4182 of 2026(2) dt.26-03-2026
2/4
reason;
b) For further issuance of an appropriate
writ or an order or a direction upon the
respondent no. 3 to pass a reasoned and
speaking order while disposing of the
representations strictly in accordance with law;
c) For further issuance of a direction
upon the respondents to ensure a fair and just
hearing to the petitioner adhering to the
principles of natural justice by providing the
petitioner with a reasonable opportunity to
present his case before Director, Primary
Education;
d) For further issuance of an appropriate
writ or an order or direction restraining the
respondents from taking any coercive or
adverse action against the petitioner during the
disposal of the aforesaid representation by the
respondent no.3.”
2. Counsel for the petitioner submits that pursuant to
the order passed by the State Appellate Authority, the petitioner
is said to have filed a representation for consideration of his
Patna High Court CWJC No.4182 of 2026(2) dt.26-03-2026
3/4
case in the light of the issues having been adjudicated by this
Court vide order dated 09.08.2019 passed in the case of Kishor
Kumar & Ors. VS. The State of Bihar & Ors. (CWJC No. 16165
of 2019) wherein the authorities have been directed to consider
the grant matric trained pay-scale with effect from the date of
completion of training along with all consequential monetary
benefits and despite appropriate representation having been filed
before the Authority, the same is still not adjudicated.
3. It is next submitted that taking cue from the
judgment rendered by the Co-ordinate Bench in the case of
Kishor Kumar (supra), the State Authority has also directed the
Director, Primary Education to consider the representation filed
by the petitioner within a period of four weeks but, for no
obvious reason, the same has not been adjudicated till date.
4. On the other hand, counsel for the State submits
that since the representation of the petitioner pursuant to the
order passed by the State Appellate Authority is already
pending, an appropriate direction may be issued to the authority
concerned for deciding the same.
5. Considering the submission of the parties, this
Court directs the petitioner to file fresh representation within a
period of two weeks from today referring the earlier
Patna High Court CWJC No.4182 of 2026(2) dt.26-03-2026
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representation dated 06.03.2023 with all supportive documents
including the order passed by this Court before the authority
concerned, which shall be decided within a period of six weeks
from the date of filing of the representation and necessary order,
so passed, shall be communicated to the petitioner and benefits
for which the petitioner is found entitled shall also be granted to
him.
With the aforementioned observation and direction,
the writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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