Created by Fuzzy Cloud

Patna High Court

Raju Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court refused to grant mandamus and directed the petitioner to file a fresh representation, setting timelines for its consideration and disposal.

Summary

Petitioner Raju Kumar Yadav, who has been working as a peon since 2010, filed a writ petition seeking a mandamus directing the State of Bihar and its education authorities to absorb him into regular government service under Resolution No. 908 (2014) and Memo No. 218 (2016). He had earlier submitted a representation on 06‑01‑2026 to the Director of Secondary Education for this purpose, which remained pending. The State argued that the matter should be decided by the concerned authority within a reasonable time. The Court declined to issue a mandamus and instead ordered the petitioner to file a fresh representation, referencing the earlier one, within four weeks, and directed the authority to dispose of it within eight weeks. Consequently, the writ petition was disposed of without granting the relief sought.

Issues considered

  • Whether a writ of mandamus can be issued to compel the immediate absorption of the petitioner into government service despite the pending representation.
  • Whether the delay in disposing the representation justifies judicial intervention in the form of mandamus.

Subjects

  • mandamus
  • writ petition
  • government service absorption
  • representation
  • administrative delay
  • education department
  • public service

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.5717 of 2026
                 ======================================================

                 Raju Kumar Yadav S/o Manejer Yadav, Resident of Village - Patilar, P.S.-
                 Chautarwa, District- West Champaran.

                                                                            ... ... Petitioner/s

                                                   Versus

           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Education, Bihar, Patna.
           2.    The Director, Secondary Education, Government of Bihar, Patna.
           3.    The Deputy Development Commissioner, West Champaran.
           4.    The District Education Officer, West Champaran.
           5.    Deep Narayan Kaji, the Head Master, Rajkiya Yugal Sah Janjati Balika Uchh
                 Vidhalaya, Harnatar, Bagha- 2, District West Champaran.
           6.    Smt. Sumitra Devi, the Secretary, Rajkiya Yugal Sah Janjati Balika Uchh
                 Vidhalaya, Harnatar, Bagha- 2, District- West Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Sunil Kumar Singh, Adv.
                 For the Respondent/s   :      Mr.Government Pleader (2)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   21-04-2026                 The instant writ application has been filed for the

                   following relief:-

                                             “1. That in this writ application the
                                   petitioner prays for issuance of writ of mandamus
                                   directing the respondent authorities to dispose of
                                   the representation dated 06.01.2026 as contained
                                   in annexure- P 8 of this writ application by which
                                   he has requested them to absorb his in service as
                                   peon in the light of resolution no.- 908 dated
                                   23.07.2014 as contained in annexure- P 5 and also
                                   mentioned in memo no.-218 dated 19.10.2016 as
Patna High Court CWJC No.5717 of 2026(2) dt.21-04-2026
                                              2/3




                          contained      in     annexure-P   6   of   this   writ
                          application.”
                      2. Counsel for the petitioner submits that the

          petitioner has been discharging his duties since 2010, prior to

          the approval of the establishment as a government school by the

          State of Bihar on 29.07.2013, and that after approval of his

          candidature for absorption as a Peon, he made a representation,

          seeking absorption of his service with effect from the date of his

          initial appointment.

                      3. It is next submitted that the representation dated

          06.01.2026 (Annexure-P/8) has already been filed before the

          Director, Secondary Education, Government of Bihar, Patna,

          but, the same has till date not been disposed of.

                      4. On the other hand, learned counsel for the State

          submits that the representation of the petitioner may be directed

          to be considered and decided by the authority concerned within

          the time as fixed by this Court.

                      5. Considering the aforementioned submissions, the

          petitioner is directed to file a fresh representation, making

          reference to the earlier representation and providing all relevant

          details for adjudication of his claim, within a period of four

          weeks from today, which shall, thereafter, be disposed of by the

          authority concerned within a period of eight weeks.
          Patna High Court CWJC No.5717 of 2026(2) dt.21-04-2026
                                                      3/3




                                6. With the aforementioned observation and direction,

                    the writ petition stands disposed of.



                                                                    (Ajit Kumar, J)
rishi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.