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Patna High Court

Raju KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The Court directed the Principal Secretary to dispose of the pending representation within three months, after hearing, and to pass a reasoned order, thereby granting the petitioner's limited relief.

Summary

The petitioner, Raju Kumar, a teacher in special schools under the Bihar Ministry of Social Welfare, filed a writ seeking continuity and regularisation of his service and a direction to the Principal Secretary to dispose of his pending representation within a fixed period. He had already submitted a representation (Annexure‑12) which remained pending. The respondents raised no objection to the limited prayer. The Court, noting the nature of the relief sought, ordered the Principal Secretary to dispose of the representation within three months after giving the petitioner a hearing and to issue a reasoned order. If the petitioner is found entitled to the reliefs claimed, those should be granted within an additional three months. The writ application was consequently disposed of with the said directions.

Issues considered

  • Whether the court can direct the Principal Secretary, Department of Social Welfare, to dispose of a pending representation within a specified time frame
  • Whether the petitioner is entitled to continuity and regularisation in service as a teacher in special schools

Subjects

  • continuity of service
  • regularisation
  • public service employment
  • writ jurisdiction
  • administrative direction
  • representation disposal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7895 of 2018
                 ======================================================
                 Raju Kumar Son of Ram Babu Choudhary Resident of 18, Tripoliya Main
                 Road, Patna City, Sampatchak, District- Patna.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Department of Social Welfare, Govt. of Bihar,
                 Patna.
           3.    The Director, Directorate of Social Security and Disability, Social Welfare
                 Department, Govt. of Bihar
           4.    The Assistant Director, Directorate of Social Security and Disability, Social
                 Weflare Department,
           5.    The Officer-in-Charge, Composite Rehabilitation Centre CRC Red Cross
                 Bhawan Gandhi Maidan, Patna.
           6.    The Chairman, Bihar Staff Selection Commission, P.O. B.V. College, Patna-
                 14, through its Secretary
           7.    The Chairman, Bihar Staff Selection Commission, P.O. B.V. College, Patna-
                 14, through its Secretary

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Guriya Nisha, Advocate
                 For the Respondent/s   :      Mr. S.K. Mandal, Sc-3
                                        :      Mr. Arjun Prasad, AC to SC-3
                 For the BSSC           :      Mr. Sanjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

4   06-01-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the BSSC and learned counsel for the Respondent-

                   State.

                                2. With the consent of all 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:-

                                i.) For continuity and regularization in service of the

                   petitioners who are working since long at their respective posts

                   of teachers in Special Middle and High Schools function under
Patna High Court CWJC No.7895 of 2018(4) dt.06-01-2026
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          the Ministry of Social Welfare, Government of Bihar in various

          District of State.

                      ii.) For any other relief/reliefs for which the

          petitioners found entitled to in the facts and circumstances of the

          case.

                      4. Learned counsel for the petitioner submits that for

          seeking the reliefs as claimed for in the present writ application,

          the petitioner has already filed a representation before the

          Principal Secretary, Department of Social Welfare, Govt. of

          Bihar, Patna (Respondent No. 2) (Annexure-12) 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 Principal Secretary, Department

          of Social Welfare, Govt. of Bihar, Patna (Respondent No. 2) 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 Respondents do

          not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of directing the Principal Secretary, Department of
          Patna High Court CWJC No.7895 of 2018(4) dt.06-01-2026
                                                      3/3




                    Social Welfare, Govt. of Bihar, Patna (Respondent No. 2) to

                    dispose of the pending representation of the petitioner

                    (Annexure-12) within a period of three months from the date of

                    production/receipt 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 Principal

                    Secretary, Department of Social Welfare, Govt. of Bihar, Patna

                    (Respondent No. 2) should be a reasoned and speaking order. It

                    is further made clear that in case the petitioner is found entitled

                    to the reliefs which the petitioner has claimed in 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.

                                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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