Aashu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17019 of 2025 ====================================================== 1.

Aashu Kumar Son of Late Kumar Subodh Sinha, Resident of MohallaNandlal Chhapra, Manoharpur Kachhuara, Police Station- Ramkrishna Nagar, District- Patna. At present posted and working as a School Attendant in Govt. A.N.S. High School Usfa, Anchal- Fatuha, District- Patna. 2.

Suryakant Panday, Son of Late Shashi Kant Panday, Resident of Village and Post Office- Katesar, Police Station- Bihta, District- Patna. At present posted and working as a School Attendant in Govt. Indar Singh Higher Secondary School Sherpur, Maner, Anchal- Maner, District- Patna. 3.

Rishi Raj, Son of Late Birendra Kumar, Resident of Village- Bairiya, Post Office- Bairiya, Police Station- Gopalpur, District- Patna. At present posted and working as a School Attendant in Govt. Project S. Devi Kanya High School Dhanarua, Anchal- Dhanarua, District- Patna. 4.

Satish Kumar, Son of Shri Dashrath Pandit, Resident of Village- Dariyapur, Post Office- Hathidah, Police Station- Hathidah, District- Patna. At present posted and working as a School Attendant in Govt. Higher Secondary School Sabhyagarh, Anchal- Ghoswari, District- Patna. 5.

Dhirendra Kumar, Son of Late Anil Kumar, Resident of Village and Post Office- Siyarampur, Police Station- Paliganj, District- Patna. At present posted and working as a School Attendant in Govt. R.L.S.Y plus 2 High School, Dulhin Bazar, Anchal- Dulhin Bazar, District- Patna. 6.

Abhishek Kumar, Son of Late Akhilesh Kumar, Resident of MohallaGarikhana, Near- Goraiyasthan, Police Station- Khagaul, District- Patna. At present posted and working as a School Attendant in Jagdeo Memorial Higher Secondary School Arap, Anchal- Bikram, District- Patna. 7.

Chandramohan Prakash, Son of Late Omprakash Das, Resident of Village and Post Office- Chhihantar, Police Station- Maner, District- Patna. At present posted and working as a School Attendant in Govt. Higher Secondary School Purainiya, Anchal- Bihta, District- Patna. 8.

Rohit Raj, Son of Late Kaushal Kishore Singh, Resident of Village and Post Office- Faridpur, Police Station- Janipur, District- Patna. At present posted and working as a School Attendant in Govt. Higher Secondary School Neora, Anchal- Bihta, District- Patna.

9.

Shri Kant Kumar, Son of Late Shiv Kumar Singh, Resident of VillageBalipakar, Police Station- Paliganj, District- Patna. At present posted and working as a School Attendant in Govt. R.L.S.Y. plus 2 High School Paigambarpur, Anchal- Paliganj, District- Patna. 10.

Saurav Kr. Suman, Son of Late Mahesh Kumar Ranjan, Resident of VillageVineka Pali, Police Station- Kadirganj, District- Patna. At present posted and working as a School Attendant in Govt. High School Bairangibagh, AnchalMasaurhi, District- Patna. 11.

Niraj Kumar, Son of Late Rajendra Prasad Madhukar, Resident of Village and Post Office- Bhagwanganj, Police Station- Bhagwanganj, DistrictPatna. At present posted and working as a School Attendant in Govt. Upgraded Middle School Harla, Anchal- Dhanarua, District- Patna.

2/4 12.

Subendra Kumar, Son of Late Ramekwal Verma, Resident of Village and Post Office- Ajwan, Police Station- Naubatpur, District- Patna. At present posted and working as a School Attendant in Govt. J.M. High School Akap, Anchal- Bikram, District- Patna.

13.

Santosh Kumar, Son of Raj Bhushan Singh, Resident of Village- Sarthua, Police Station- Shahjahanpur, District- Patna. At present posted and working as a School Attendant in Govt. Kalika plus 2 School Alawalpur Piariya, Anchal- Fatuha, District- Patna.

... ... Petitioners

Versus

1.

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

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

3.

The Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna.

4.

The Joint Secretary, Education Department, Govt. of Bihar, Patna. 5.

The Director, Secondary Education, Govt. of Bihar, Patna. 6.

The Director, Primary Education, Bihar, Patna. 7.

The Deputy Director, Education Department, Govt. of Bihar, Patna. 8.

The District Level Compassionate Appointment Committee, through its Chairman, the District Magistrate, Patna.

9.

The District Magistrate, Patna.

10.

The Deputy Development Commissioner, Patna.

11.

The Deputy Collector (Establishment), Patna.

12.

The District Education Officer, Patna.

13.

The District Programme Officer (Establishment), Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate ;

Mr. Mukesh Kumar, Advocate For the Respondent/s :

Mr. Standing Counsel 26 :

Mr. Tripurari Nath Ambhastha, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioners and learned counsel for the Respondent-State.

2. With the consent of both the parties, this writ

3/4 application is being disposed of at the present stage itself.

3. Learned counsel for the petitioners submits that for seeking the reliefs as claimed for in the present writ application, the petitioners have already filed a representation dated 10.07.2025 before the Director, Secondary Education, Govt. of Bihar, Patna (Respondent No. 5) which continues to be pending. Learned counsel for the petitioners, therefore, submits that the petitioners would be satisfied if an appropriate direction could be issued to the Director, Secondary Education, Govt. of Bihar, Patna (Respondent No. 5) to dispose of their representation on merit after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order.

4. To this prayer being made by the learned counsel for the petitioners, the learned counsel for the Respondent-State does not have any objection.

5. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of directing the Director, Secondary Education, Govt. of Bihar, Patna (Respondent No. 5) to dispose of the pending representation of the petitioners dated 10.07.2025 on merit after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order. The entire exercise

4/4 must be completed within a period of six months from the date of production of a copy of this order by the petitioners. Needless to emphasize that the final order which shall be passed by the Director, Secondary Education, Govt. of Bihar, Patna (Respondent No. 5) should be a reasoned and speaking order.

6. With the aforesaid observation and direction, the present writ application stands disposed of. All pending Interlocutory Applications, if any, will stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U