Arimardan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 11548 of 2025 ====================================================== Arimardan Kumar Son of Ambika Prasad Gupta Resident of VillageVidhyadhar, Ward No.- 6, Mukhya Dakghar, P.O. and P.S.- Khagaria, DistrictKhagaria. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 3.

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

4.

The District Education Officer, Khagaria, District- Khagaria. 5.

The District Programme Officer (Establishment), Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : M/s Sweta Raj, Binoy Kr Singh, Advocates For the S t a t e : Mr Manoj Kr Ambastha, SC XXVI with M/s Santosh Kr Mishra, Divit Vinod, Acs to SC XXVI ====================================================== CORAM: HONOURABLE MR JUSTICE HARISH KUMAR ORAL ORDER 10-11-2025 Heard the parties.

2 The petitioner has approached this Court for the following reliefs:

"a) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondents authorities for fixation of salary of the petitioner in the trained graduate pay scale in view of the provision contained in Rule 22 (A) (i) (ii) (iii) and (iv) of the fundamental rules which inter alia on promoted, the salary payable on the date of promotion would be fixed and thereafter pay fixation would be done after giving benefits of additional one increment of the existing pay scale and to pay arrears of salary of the petitioner after aforesaid fixation

Patna High Court CWJC No.11548 of 2025(3) dt.10-11-2025 2/3 from the date when they have been granted trained graduate pay scale by the respondent authorities.

b) To further direct the respondent authorities as per promotion rule to grant promotion on the post of Headmaster to the petitioner and their consequential benefits with effect from 29.12.2012.

c) For issuance of any other appropriate writ, order, direction for which the writ petitioner would be found entitled under the facts and circumstances of the case."

3 Adverting to the facts, it is submitted that identically situated persons moved this Court in CWJC No 11255 of 2016 and another analogous case. This Court, after hearing the parties, has disposed of the writ petition with a direction to ensure all the benefits. It is contended that the case of the petitioner is also covered with the aforementioned decision. 4 Mr Manoj Kr Ambastha, learned Standing Counsel No XXVI refuted the contention and submitted that the claim of the petitioner is required to be considered by the concerned authorities and for the said purpose, he prayed for a short adjournment.

5 Considering the limited submission of the petitioner, this Court, instead of keeping this matter pending, deems it appropriate to dispose of the same with a liberty to the petitioner to file a detailed representation annexing all the supporting

Patna High Court CWJC No.11548 of 2025(3) dt.10-11-2025 3/3 documents and the decision in support of his claim. 6 In case such a representation is filed preferably within a period of four weeks from today before the Director, Primary Education, Education Department, Government of Bihar, Patna, the same shall be considered and disposed of in accordance with law within a further period of eight weeks. 7 The writ petition stands disposed of.

(Harish Kumar, J) M.E.H./- U