Patna High Court
Yash Kumar YadavversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ applications are disposed of by directing the Principal Secretary, Department of Social Welfare, to dispose of the pending representations within three months, after hearing, and to pass a reasoned order.
Summary
Three petitioners, all teachers in Special Middle and High Schools under the Bihar Ministry of Social Welfare, filed writ applications seeking continuity and regularisation of their service. They had previously submitted representations to the Principal Secretary, Department of Social Welfare, which remained pending. The petitioners requested the court to direct the Principal Secretary to dispose of these representations within a fixed period after hearing them. The respondents raised no objection to the limited prayer. The court, noting the narrow relief sought, ordered the Principal Secretary to dispose of the pending representations within three months of receiving the order, to give the petitioners a hearing, and to issue a reasoned order; if the petitioners are found entitled to relief, it must be granted within an additional three months. Consequently, the writ applications were disposed of with the said directions.
Issues considered
- Whether the court can direct the Principal Secretary, Department of Social Welfare, to dispose of pending representations of the petitioners within a specified time frame.
- Whether the petitioners are entitled to continuity and regularisation of service as teachers under the Ministry of Social Welfare.
Subjects
- service regularisation
- teachers
- civil writ jurisdiction
- administrative direction
- pending representation
- government employment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7902 of 2018
======================================================
Yash Kumar Yadav son of Sri Sri Surendra Yadav resident of Village -
Nagpura, P.O. - Kasaundar, District Balia, Uttar Pradesh.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
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 Bi
4. The Assistant Director, Directorate of Social Security and Disability, Social
Welfare Department, G
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 Secret
7. The Chairman, Bihar Staff Selection Commission, P.O. - B.V. College, Patna
- 14, through its Secret
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7451 of 2018
======================================================
Madhu Kumari Wife of Vijay Kumar, Resident of Ganga Bihar Colony, Shiv
Nagar, Beur, Anishabad, Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Principal Secretary, Department of Sociak Welfare, Govt. of Bihar,
Patna.
3. The Director, Directorate of Social Security and Disability, Social Welfare
Department, Govt. of Bi null null
4. The Assistant Director, Directorate of Social Security and Disability, Social
Welfare Department, G
5. The Officer-in-charge, Composite Rehabilitation Centre CRC Red Cross
Bhawan Gandhi Maidan, Patna.
6. The 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
Patna High Court CWJC No.7902 of 2018(4) dt.06-01-2026
2/5
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7962 of 2018
======================================================
Atul Sachan Sonof Ram Sanehi, resident of 205, Kailai, Kanpur Dehat, P.S.,
P.O Kailai, Uttar Pradesh.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
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 Bi
4. The Assistant Director, Directorate of Social Security and Disability, Social
Welfare Department,
5. The Officer-in-Charge, composite Rehabilitation Centre CRC Red Cross
Bhawan Gandhi Maidan, Patna.
6. The 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 Secretar
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 7902 of 2018)
For the Petitioner/s : Mr.Guriya Nisha
For the Respondent/s : Mr.Gyan Prakash Ojha -Ga7
For BSSC : Mr. Madanjeet Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 7451 of 2018)
For the Petitioner/s : Mr.Guriya Nisha
For the Respondent/s : Mr.Gyan Prakash Ojha- Ga7
For BSSC : Mr. Madanjeet Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 7962 of 2018)
For the Petitioner/s : Mr.Guriya Nisha
For the Respondent/s : Mr.Md.Raisul Haque -Sc10
For BSSC : Mr. Madanjeet Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 06-01-2026 Heard learned counsel for the petitioners, learned
counsel for the BSSC and learned counsel for the Respondent-
State.
Patna High Court CWJC No.7902 of 2018(4) dt.06-01-2026
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2. With the consent of all the parties, this writ
application is being disposed of at the present stage itself.
3. The petitioners in the present writ application have
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
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 petitioners submits that for
seeking the reliefs as claimed for in the present writ application,
the petitioners have 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 petitioners
submits that the petitioners 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 their representation on merit within a fixed time
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frame after giving an opportunity of hearing to the petitioners.
5. To this prayer being made by the learned counsel
for the petitioners, 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 petitioners, this writ application
is disposed of directing the Principal Secretary, Department of
Social Welfare, Govt. of Bihar, Patna (Respondent No. 2) to
dispose of the pending representation of the petitioners
(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 petitioners are found
entitled to the reliefs which the petitioners have claimed in the
representation then the same should be extended to the
petitioners 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
Patna High Court CWJC No.7902 of 2018(4) dt.06-01-2026
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Applications, if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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