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Patna High CourtCWJC/5798/2025disposed

Jai Raj Singh@Jairaj Singh v. The State Of Bihar

2025-09-26Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5798 of 2025 ====================================================== Jai Raj Singh@Jairaj Singh S/o Late Sonelal Singh@Late Sona Lal Singh, R/o Mohalla-Yarpur Rajputana, P.O. GPO Patna, P.S.-Gardanibagh, DisttPatna. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna, District-Patna.

2.

The Principal Secretary, Finance Department, Patna, Government of Bihar, Patna, District-Patna.

3.

The Director, Higher Education, Government of Bihar, Patna, District-Patna. 4.

The Director cum Additional Secretary, Education Department, Government of Bihar, Patna, District-Patna.

5.

The Regional Deputy Director, Education Department, Government of Bihar, Patna, District-Patna.

6.

The District Education Officer, Sasarm, at Rohtas. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Respondent/s :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 26-09-2025 Counsel for the petitioner and counsel for the respondents are present.

2. The present writ petition is filed for the following reliefs:

"1. for issuance of writ in the nature of "Mandamus" to command and direct the respondent authorities to grant A.C.P. benefits of the petitioner after exempting departmental examination during his Service period and arrear thereof with interest of 12%.

1(A) for issuance of any other writ / writs, order / orders, direction / directions for which the petitioner is entitled to."

Patna High Court CWJC No.5798 of 2025(2) dt.26-09-2025 2/3

3. Counsel for the petitioner submits that this case is squarely covered by the judgment of Hon'ble Full Bench in the case of Kamlanand Thakur v. The State of Bihar & Ors. passed in CWJC No. 12827 of 2017 reported in 2024 (4) BLJ

806. Counsel for the petitioner submits that his case may be considered in light of the ratio laid down under the aforesaid case.

4. Counsel for the petitioner further submits that the State has accepted by filing counter-affidavit that this case squarely falls under the parameters laid down by the Hon'ble Full Bench in their judgment and appropriate directions can be issued by the respondents for consideration.

5. Counsel for the State does not dispute the contentions made by the counsel for the petitioner.

6. Considering the aforesaid, this case is directed to be considered by Regional Deputy Director, Education Department, Government of Bihar, Patna (Respondent No. 5) on submission of fresh representation appending such materials including the judgments relied upon by him passed by the Hon'ble Full Bench for taking a final decision.

7. It is made clear that on submission of such representation appending all the necessary documents, final

Patna High Court CWJC No.5798 of 2025(2) dt.26-09-2025 3/3 decision shall be taken within a period of 8 weeks and benefits etc. shall be extended within the same time.

8. Accordingly, the present writ petition stands disposed of.

(Ajit Kumar, J) Shahnawaz/- U