Patna High Court
Raju Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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/-
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