Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1442 of 2026 ====================================================== Dhananjay Kumar Son of Yogendra Prasad Resident of Village- Chakrahima, Post- Jaitiya, P.S.- Gaurichak, District- Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Human Resource Development, Bihar, Patna.

2.

Additional Chief Secretary, Department of Human Resource Development, Bihar, Patna.

3.

The Director, Department of Primary Education, Government of Bihar, Patna.

4.

District Programme Officer (Estd.), Patna.

5.

District Education Officer, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar, Advocate Mr. Abhas Chandra, Advocate For the Respondent/s :

Ms. Vijya Laxmi Srivastava, A.C. to S.C.-23.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 31-01-2026 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent-State.

2. With consent of the parties, the present writ application is being disposed of at this stage itself.

3. The petitioner in the present writ application has prayed for grant of following relief :- (a) Directing to respondents No.-3, i.e., Director, Primary Education Bihar Patna to give the Trained pay scale to the petitioner from the date of his appointment/publication of result of his B.Ed. Course, in the light of memo No.1790 dated 16.10.2024 as the petitioner claim is at par with the petitioner of C.W.J.C. No. 9416 of 2019.

(ii) For further be pleased to issue writ in nature of Mandamus directing to the respondent No.3 to make the

Patna High Court CWJC No.1442 of 2026(2) dt.31-01-2026 2/3 payment of arrears of salary calculated on the basis of the trained pay sale of the petitioner.

(iii) For further be please to issue any other appropriate writ/ writs order/ orders, Direction/ Directions or command/ commands to respondent authorities concern.

4. After advancing some argument, learned counsel for the petitioner submits that for the aforesaid relief claimed in the present writ application, the petitioner is prepared to file detail representation before the Director, Primary Education, Department, Govt. of Bihar, Patna (respondent No.3). He accordingly prays that the petitioner would be satisfied if an appropriate direction could be issued by this Court to Director, Primary Education, Department, Govt. of Bihar, Patna (respondent No.3) to entertain his application and dispose of the same after giving an opportunity of hearing to the petitioner within a fixed time frame.

5. To the aforesaid submissions made by learned counsel for the petitioner, learned counsel appearing on behalf of the respondent-State do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application stands disposed of granting liberty to the petitioner to file representation before the Director, Primary Education, Department, Govt. of Bihar, Patna (respondent No.3) within one month from the date of passing of this order and if such representation is filed by the

Patna High Court CWJC No.1442 of 2026(2) dt.31-01-2026 3/3 petitioner, the same shall be disposed of by the Director, Primary Education, Department, Govt. of Bihar, Patna (respondent No.3) within a maximum period of six months from the date of filing of the representation after giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by the Director, Primary Education, Department, Govt. of Bihar, Patna (respondent No.3) should be reasoned and speaking order. It is further made clear that in case the petitioner is found entitled to the relief which the petitioner would be claiming in the representation, the same should be extended to the petitioner within a further period of two weeks from the date of passing of the final order by the Director, Primary Education, Department, Govt. of Bihar, Patna (respondent No.3).

8. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.

9. All pending I.A.s, if any, is deemed to have been disposed of.

(Alok Kumar Sinha, J) sanjeev/- U