Kameshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18652 of 2025 ====================================================== Kameshwar Das Son of Lakshmi Das, Resident of Sant Tola, Kharagpur, P.S.- H. Hadagpur, District-Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Education, Govt. of Bihar, Patna.

2.

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

The Secretary, Department of Education, Govt. of Bihar, Patna. 4.

The District Education Officer, Munger.

5.

The District Programme Officer, Munger.

6.

The Treasury Officer, Bihar, Munger.

7.

The Accountant General (A and E), Bihar.

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Respondent/s :

Mr. Government Pleader 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

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

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:- "(i) In the nature of mandamus for directing and commanding the respondents to grant the benefit of 3rd M.A.C.P. in view of resolution as contained in memo no. 1071 dated 07.10.2021 issued by the Deputy Secretary, Education Department, Bihar, Patna.

Patna High Court CWJC No.18652 of 2025(2) dt.19-11-2025 2/3 (ii) In the nature of mandamus for directing and commanding the respondent authorities to revise the pension and other benefits giving consequential benefits after granting the benefits of 3rd MACP in vie of memo no. 1071 dated 07.10.2021.

(iii) For issuance of any other relief/reliefs for which the petitioner is entitled in the facts and circumstances of the case."

4. Learned counsel for the petitioner submits that for seeking the reliefs as claimed for in the present writ application, the petitioner is prepared to file a detailed representation before the District Education Officer, Munger (Respondent No. 4) and he further prays if such a representation is filed, the same may directed to be considered on merit after giving an opportunity of hearing to the petitioner. Learned counsel for the petitioner further prays that time frame may kindly be fixed within which respondent no. 4 should be directed to dispose of the representation filed by the petitioner.

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

6. Considering the limited nature of prayer being made by the learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to

Patna High Court CWJC No.18652 of 2025(2) dt.19-11-2025 3/3 file a detailed representation before the District Education Officer, Munger (Respondent No. 4) within one month from the date of this order and if such a representation is filed by the petitioner, the District Education Officer, Munger (Respondent No. 4) shall dispose of the same on merit after giving an opportunity of hearing to the petitioner within a further period of three months from the date of filing of the representation, by passing a reasoned and speaking order.

7. With the aforesaid observation and direction, this writ application is disposed of. All pending Interlocutory Applications, if any, shall stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U