Patna High Court
Raju KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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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