Rajesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 20311 of 2025 ====================================================== Rajesh Kumar Chaudhary Son of Late Raghunandan Chaudhary, Resident of Mohalla- Kazi Bazar, P.S- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Primary Education Govt. of Bihar, Patna. 3.

The Regional Deputy Director of Education, Patna Division, Patna. 4.

The District Education Officer, Nalanda at Bihar Sharif. 5.

The District Programme Officer (Est), Nalanda at Bihar Sharif. 6.

The District Magistrate, Nalanda at Bihar Sharif. 7.

The Block Education Officer, Islampur, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Prasad, Adv For the Respondent/s :

Mr.Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

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

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

(i) For direction the respondents to grant Matric trained pay scale to the petitioner from the date of his joining dated 15-12-1999 and senior pay scale after completing 12 years from the date of joining

2/4 in place of granted matric trained scale from the date of published result of teachers training dated 20-06-2005 and subsequent consequential benefit like arrears of salary to the petitioner.

(ii) For direction the respondents to grant consequential benefits of Graduate trained pay scale and the Headmaster including arrears of difference of salary to the petitioner the terms of Bihar Govt Elementary schools teachers promotion Rules 1993 and in pursuance of the order dated 12-09-2022 passed by this Hon'ble court in CWJC No 15610/2018 (Raghvendra sharma v/s state of Bihar & others. from the date the petitioner was entitled.

(iii) For direction the respondents to make payment arrears of revised pay scale of matric trained scale and graduate trained scale.

(iv) For passing such order and direction in the interest of justice and ends of justice in the facts and circumstances of the case."

4. After advancing some argument, learned counsel for the petitioner submits that for the reliefs claimed for in the present writ application, the petitioner is prepared to file a detailed representation before the District Education Officer,

3/4 Nalanda within one month from today. Learned counsel for the petitioner further prays that if such a representation is filed within the stipulated time then the District Education Officer, Nalanda may be directed to dispose of the representation filed by the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the District Education Officer, Nalanda within one month from today and if such a representation is filed within the stipulated time then the District Education Officer, Nalanda is directed to dispose of the same on merit within a further period of six months from the date of filing of the representation, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the District Education Officer, Nalanda should be a reasoned and speaking order. In case, the petitioner is found entitled to any monetary relief as claimed by him, the same

4/4 should be extended to the petitioner within a further period of six months from the date of passing of the final order.

7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U