Navin Chandra Thakur, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4515 of 2026 ====================================================== Navin Chandra Thakur, S/o Late Ramawatar Thakur, Resident of Village Bathnaha, Ward No. 3, PO-Bathnaha, Via Khutauna, PS- Phulparas, DistrictMadhubani, State-Bihar-847227. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Principal Secretary, Department of General Administration, Government of Bihar, Old Secretariat, Patna.

3.

The Additional Chief Secretary, Department of Education, New Secretariat, Government of Bihar, Patna.

4.

The Director, Secondary Education, Department of Education, New Secretariat, Government of Bihar, Patna.

5.

The Regional Deputy Director Of Education, Darbhanga. 6.

The District Compassionate Committee, Madhubani, through its Chairmancum-District Magistrate, Madhubani. 7.

The District Magistrate-cum-Collector, Madhubani. 8.

The District Education Officer, Madhubani.

9.

The District Programme Officer, Establishment, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Narayan Mr. Aryan Kumar Ms.Vandana Rani Mr. Ankit Kumar Singh For the State Mr. Subhas Pd. Singh, GA 3 Mr. Indeshwari Prasad, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 02-04-2026 Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent-State.

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

3. The petitioner, in the present writ application, has

2/4 prayed for grant of the following reliefs:- "i. For issuance of writ of mandamus directing the respondents to consider the case of petitioners for regularization of their services on compassionate in terms of decisions of Hon'ble Supreme Court of India passed in order dated 07.04 2017 passed in Special Leave to Appeal (Civil) No.

3514/2017 (Annexure P/15);

ii. For issuance of writ of mandamus directing the respondents to follow the Provision 4.C (1) of Bihar Litigation Policy, 2011 (Annexure P/20) granting regular post and pay scale of teacher to the petitioner since date of his initial joining dated 26.12.2011 as Block Teacher with all consequential benefits, under the schemes of Letter (Paripatra) No.-3/C22067/90 Ka-13293 dated 05.10.1991 and Letter No. 3-C2-60108/94-Ka- 2822, dated 27.04.1995 both issued by the then Department of Personnel & Administrative Reforms, Government of Bihar, now Department of General Administration, Government of Bihar, Patna;

iii. For issuance of writ of certiorari quashing Letter No. 336 dated 07.03.2019, issued by the Department of Education, State of Bihar."

4. During the course of argument, the learned

3/4 petitioner has decided not to press the reliefs claimed by the petitioner in paragraph 1.ii and 1.iii. He confines the prayer to the relief claimed in paragraph 1.i of the writ application.

5. The learned counsel for the petitioner further submits that for claiming the relief, as claimed in paragraph 1.i of the writ application, the petitioner is prepared to file a representation before the District Magistrate-cum-Collector, Madhubani (respondent no.7) and prays that an appropriate direction be issued to the District Magistrate-cum-Collector, Madhubani to consider the representation, which would be filed by the petitioner and to dispose of the same within a fixed timeframe, after giving an opportunity of hearing to the petitioner.

6. The learned counsel for the respondent-State does not have objection to the aforesaid submission made by the learned counsel for the petitioner.

7. Considering the limited nature of the prayer being made by the 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-cumCollector, Madhubani (respondent no.7) within four weeks from the date of this order. If such a representation is filed by the petitioner, the same shall be heard and disposed of within a

4/4 further period of six months from the date of filing of the representation.

8. Needless to emphasize that the final order, which would be passed by the District Magistrate-cum-Collector, Madhubani (respondent no.7), should be a reasoned and speaking order.

9. It is made clear that this Court has not expressed any opinion on the merits of the matter.

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

11. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. (Alok Kumar Sinha, J) HR/- U