Patna High Court
Ramnaresh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed of the writ petition by granting the petitioner liberty to file a fresh representation within one month and directing the District Magistrate‑cum‑District Election Officer to decide it within three months, thereby staying any further relief until that process is completed.
Summary
The petitioner, a headmaster, filed a writ petition seeking mandamus directing the State and election authorities to grant him medical leave, treat his injury as sustained during official election duty, pay compensation, and ensure his salary and service continuity. He also sought an order for a medical examination by a government board. The petitioner agreed to file a fresh representation before the District Magistrate‑cum‑District Election Officer and requested that the officer dispose of it within a fixed time‑frame. The court, with consent of all parties, disposed of the writ at this stage, granting the petitioner liberty to file the representation within one month and directing the officer to hear and decide it within three months, with a further three‑month period for implementation of any relief. The court emphasized that the final order must be reasoned and a speaking order. All pending interlocutory applications were deemed disposed.
Issues considered
- Whether the writ petition seeking mandamus for medical leave, compensation and service continuity should be entertained on merits
- Whether the petitioner should be directed to file a fresh representation before the District Magistrate‑cum‑District Election Officer and the time‑limits for its disposal
Subjects
- writ jurisdiction
- mandamus
- medical leave
- election duty injury
- service continuity
- representation
- district magistrate
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5801 of 2026
======================================================
Ramnaresh Rai S/o- Ram Nandan Rai, Presently posted as In-Charge
Headmaster, Madhya Vidyalaya, Sadipur, P.S.- Ballia, District- Begusarai,
Resident of Village- Shadipur Diyara, P.S.- Balia, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Education
Bihar, Patna.
2. The Chief Election Commissioner of India through its Secretary, New Delhi,
3. The District Magistrate -cum- District Election Officer, Begusarai.
4. The District Magistrate, Begusarai.
5. The District Education Officer, Begusarai.
6. The Block Education Officer, Ballia.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sabal Kumar Jha
For the ECI Mr Siddhartha Prasad
For the State Mr. Standing Counsel 8
Mr. Sanjay Kumar, AC to SC 8
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner, learned
counsel for the Chief Election Commissioner of India and
learned counsel for the respondent-State.
2. With the consent of the parties, this writ application
is being disposed of at this stage itself.
3. In the present writ application, the petitioner
has prayed for the grant of the following reliefs:-
“(a) A mandamus commanding and directing
the respondents to grant medical leave till
full recovery of the petitioner;
Patna High Court CWJC No.5801 of 2026(2) dt.28-04-2026
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(b) A mandamus commanding and directing
the respondents to treat the injury as
sustained during official election duty and
pay adequate compensation;
(c) A mandamus commanding and directing
the respondents that the period of absence be
treated as duty period with full salary and
service continuity;
(d) A mandamus commanding and directing
the respondents that not to compel the
petitioner to perform duty till full medical
recovery;
(e) A mandamus commanding and directing
the respondents that immediate medical
examination through a Government Medical
Board.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid reliefs,
the petitioner is prepared to file a fresh representation before the
District Magistrate-cum-District Election Officer, Begusarai
(respondent no.3) and he, therefore, prays that an appropriate
direction be issued to the District Magistrate-cum-District
Election Officer, Begusarai to dispose of the representation of
the petitioner within a fixed time-frame, after giving an
opportunity of hearing to the petitioner.
5. To the aforesaid submission made by the learned
Patna High Court CWJC No.5801 of 2026(2) dt.28-04-2026
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counsel for the petitioner, learned counsels appearing for the
Chief Election Commissioner of India and for the respondent-
State do not have any objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner, this writ application is
disposed of, granting liberty to the petitioner to file a fresh
representation before the District Magistrate-cum-District
Election Officer, Begusarai within one month from today. If
such a representation is filed by the petitioner within the
stipulated time, the same shall be heard and disposed of within
a further period of three months from the date of receipt of the
representation.
7. Needless to emphasize that the final order, which
shall be passed by District Magistrate-cum-District Election
Officer, Begusarai, should be a reasoned and speaking order,
and in case the petitioner is found entitled to the reliefs, which
the petitioner would be claiming through the representation,
then the same should be extended to the petitioner within a
further period of three months from the date of passing of the
final order.
8. With the aforesaid observation/direction and
liberty granted, the present writ application stands disposed of.
Patna High Court CWJC No.5801 of 2026(2) dt.28-04-2026
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9. All pending interlocutory application(s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
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