Patna High Court
Abhimanyu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the Director, Primary Education to dispose of the petitioner’s pending representation within six months and, if relief is warranted, to grant it within three months.
Summary
The petitioner, a Prakhand/Vishisht Teacher, filed a writ petition seeking a mandamus directing the State of Bihar to grant him the regular pay‑scale that was accorded to similarly situated teachers, alleging that he was placed on a lower pay‑scale on compassionate grounds after his father's death. He had earlier submitted a representation to the Director, Primary Education on 10‑Nov‑2024 requesting the same relief, which remained pending. The petitioner prayed for a court order directing the Director to dispose of the representation within a fixed period and to grant the relief if found warranted. The respondent State raised no objection to the limited prayer. The Court, with the consent of both parties, disposed of the writ by directing the Director to decide the pending representation within six months, after giving the petitioner a hearing, and to implement any relief within three months of the final order.
Issues considered
- Whether the petitioner is entitled to be placed on the regular pay‑scale of a permanent teacher under the circumstances.
- Whether the court can issue a mandamus directing the Director, Primary Education to dispose of the pending representation within a specified time.
Subjects
- Mandamus
- Regular pay scale
- Government teacher
- Representation pending
- Writ jurisdiction
- Education department
- Administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.575 of 2026
======================================================
Abhimanyu Kumar Son of Late Kapil Dev Singh, resident of village- Bheldi,
P.O. and P.S.- Bheldi, District- Saran, presently posted/working as
Prakhand/Vishisht Teacher in Middle School, Jhakahra, Block- Amnour,
District- Saran.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary Department of Education, Government of
Bihar, Patna.
3. The Director, Primary Education, Department of Education, Government of
Bihar, Patna.
4. The District Magistrate, Saran.
5. The District Education Officer, Saran.
6. The District Programme Officer (Establishment), Saran.
7. The Block Development Officer-cum-Executive Officer, Block - Amnour,
District- Saran.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Respondent/s : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at the present stage itself.
3. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
“That the petitioner above-
named craves indulgence of this
Hon'ble Court for issuance of
Patna High Court CWJC No.575 of 2026(2) dt.20-01-2026
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appropriate order/orders,
direction/directions, writ/writs,
preferably in the nature of
Mandamus, commanding and
directing the Respondent
authority concerned to grant/pay
the regular pay-scale of the
petitioner from the date of
joining of his service i.e. on
01.09.2016 as has been granted
to other similarly situated
persons, because petitioner being
the son of the deceased
Permanent Teacher was
compelled to join as Prakhand
Teacher in fixed pay of untrained
Intermediate Teacher on
compassionate ground; whereas,
petitioner is entitled to be
appointed on regular pay scale
whose father was a permanent
government teacher and died in
harness. And/or any other relief
or reliefs for which the petitioner
is found entitled to, in the facts
and circumstances of this case.”
4. Learned counsel for the petitioner submits that for
claiming the aforesaid relief, the petitioner had filed a
representation before the Director, Primary Education,
Department of Education, Government of Bihar, Patna
Patna High Court CWJC No.575 of 2026(2) dt.20-01-2026
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(Respondent No. 3) dated 10.11.2024 (Annexure-P/8) and the
same continues to be pending. Learned counsel for the petitioner
submits that the petitioner would be satisfied if an appropriate
direction could be issued to the Director, Primary Education,
Department of Education, Government of Bihar, Patna
(Respondent No. 3) to dispose of his representation on merit
within a fixed time frame after giving an opportunity of hearing
to the petitioner.
5. To this prayer being made by the learned counsel
for the petitioner, the learned counsel for the Respondent-State
does not have any objection.
6. Considering the limited nature of prayer being
made by the learned counsel for the petitioner, this writ
application is disposed of directing the Director, Primary
Education, Department of Education, Government of Bihar,
Patna (Respondent No. 3) to dispose of the pending
representation of the petitioner dated 10.11.2024 (Annexure-
P/8) within a period of six months from the date of
receipt/production of a copy of this order after giving an
opportunity of hearing to the petitioner. Needless to emphasize
that the final order which shall be passed by the Director,
Primary Education, Department of Education, Government of
Patna High Court CWJC No.575 of 2026(2) dt.20-01-2026
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Bihar, Patna (Respondent No. 3) should be a reasoned and
speaking order. It is further made clear that in case the petitioner
is found entilted to the relief which the petitioner has claimed
through the representation then the same should be extended to
the petitioner within three months from the date of passing of
the final order by the authority concerned.
7. With the aforesaid observation and direction, the
present writ application is disposed of. All pending Interlocutory
Applications, if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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