Manoj Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18461 of 2025 ====================================================== Manoj Kumar Tiwari Son of Late Yogendra Tiwari, Resident of VillageNonfarwa, P.O.- Nonfarwa, P.S.- Patahi, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Education Department, Government of Bihar, Patna. 3.

The Regional Deputy Director Education, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, East Champaran at Motihari. 5.

The District Programme Officer (Establishment), East Champaran at Motihari.

6.

District Programme Officer (Primary Education), East Champaran at Motihari.

7.

The District Education Officer, East Champaran at Motihari. 8.

The Block Education Officer, Patahi, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Adv.

For the Respondent/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. With the consent of the parties, the present 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 issuance of a writ in nature of mandamus directing the respondent authorities to fix the full pension of the

2/4 petitioner and pay accordingly as well as to grant of post retirement benefit i.e.

gratuity, leave encashment and other admissible post retirement benefits which has illegally been withheld by the respondent on the pretext of pendency of the departmental proceedings since the year 2014.

(ii) Also, for directing the respondent to make payment of subsistence allowance to the petitioner for the period 27.11.2013 to 05.05.2016 in which the petitioner was under suspension.

(iii)Also, for commanding the respondents to pay the MACP along with nine increments as well as all the consequential benefits to the petitioner for which he is entitled to get benefit after his retirement.

(iv) And for grant of any other relief(s) for which petitioners are found to be entitled to view of the facts and circumstances of this case."

4. Learned counsel for the petitioner submits that for claiming the aforesaid relief the petitioner has already filed a representation before the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, which is dated dated 23.06.2025 (Annexure-P/8) and the same continues to be pending. Learned counsel for the petitioner, therefore, submits

3/4 that the petitioner would be satisfied if an appropriate direction is issued to the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur to disposed of the pending representation of the petitioner within a fixed time frame and in case the petitioner is entitled to any relief the same be extended to the petitioner further within a fixed time frame.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondents-State do 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 directing the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur to dispose of the pending representation of the petitioner dated 23.06.2025 (Annexure-P/8) within two months from the date of production of a copy of this order, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order that shall be passed by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur should be a reasoned and speaking order. In case the petitioner is entitled to relief, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order.

4/4

7. With the aforesaid observation and direction the present writ application stands disposed of.

8. Pending I.As, if any, will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U