Pintar Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7931 of 2026 ====================================================== Pintar Kumar Mandal S/O Late Anil Kumar @ Anil Mandal, Resident of Village-Chharrapatti Goth, P.S.-Tikapatti, District-Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education Department, Govt. of Bihar, Patna. 4.

Regional Deputy Director, Koshi Pramandal, Saharsa. 5.

District Magistrate-cum-Chairman, Compassionate Committee, Katihar. 6.

District Education Officer, Katihar.

7.

District Programme Officer (Establishment), Katihar. 8.

Block Education Officer, Falka, Katihar.

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Respondent/s :

Mr.Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and 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. In the present writ application, the petitioner has prayed for grant of following reliefs:- "(i) For issuance of an appropriate writ/order/direction commanding the respondents to grant appointment to the petitioner on compassionate ground in the Divisional Cadre Clerk (Lower Division Clerk)

2/4 with pay scale Level-2 (Rs. 5200-20200, Grade Pay 1900, revised pay Rs. 19,900/-), instead of School Clerk cadre.

(ii) For further direction to the Respondent Authority to treat the petitioner's appointment as Divisional Cadre Clerk (Lower Division Clerk) with pay scale Level-2 (Rs. 5200-20200, Grade Pay 1900, revised pay Rs. 19,900/-), instead of School Clerk cadre, as Bihar State School Clerk Cadre Rules, 2025 is not applicable in his case.

(iii) For direction to the respondents to extend similar benefits as granted in the case of similarly situated person (Gautam Girdhari) in District - Purnea.

(iv) For any other relief(s) to which the petitioner is entitled in the facts and circumstances of the case."

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner is prepared to file a representation before the District Education Officer, Katihar and he prays that an appropriate direction be issued to the District Education Officer, Katihar to dispose of his representation within a fixed timeframe, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid submission made by learned

3/4 counsel for the petitioner, learned counsel appearing for the respondent-State does not have any objection.

6. Considering the limited nature of prayer made by learned counsel for the petitioner, this writ application is disposed of, granting liberty to the petitioner to file an appropriate representation before the District Education Officer, Katihar within one month from the date of passing of this order. If such a representation is filed within the stipulated time, the District Education Officer, Katihar shall dispose of the same within a period of four months from the date of receipt 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 District Education Officer, Katihar, 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 would be claiming through 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 by the District Education Officer, Katihar

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

4/4

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