Kumari Aparna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19781 of 2025 ====================================================== 1.

Kumari Aparna daughter of Sri Sunil Kumar, resident of Mohalla-Swami Shahjanand Colony, P.O. and P.S.-Bhagwanpur, District-Muzaffarpur, Pin Code-842001 (Bihar).

2.

Kumari Anuradha, Daughter of Devendra Prasad Thakur, resident of Mohalla-A.N. Sharma Lane, In front of Amarnath Mandir, Ward No. 26, Kalambagh Road, Nayatola, P.O.-H.P.O., P.S.-Muzaffarpur, DistrictMuzaffarpur, Pin Code-842001 (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate, Muzaffarpur, District-Muzaffarpur (Bihar). 4.

The Block Education Officer, Muraul, District-Muzaffarpur (Bihar). 5.

The Principal, Government High School Brahmpura, Muzaffarpur, DistrictMuzaffarpur (Bihar). 6.

The Assistant Director (Administration) cum In-charge Regional Director, National Institute of Open Schooling, Regional Centre, Lalit Bhawan, Bailey Road, Patna.

7.

The District Education Officer, Muzaffarpur, District-Muzaffarpur (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anu Priyadarshni, Advocate For the Respondent/s :

Mr. Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 09-12-2025 Heard learned counsel for the petitioners and learned counsel for the Respondent-State.

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

3. The petitioners in the present writ application have prayed for the grant of following reliefs:-

2/4 "i) For grant/accord the benefit of increment in salary and I. payment of arrears to the Petitioners who have cleared the D. El. Ed. (Diploma in Elementary Education) for the Session 2017-19 from National Institute of Open Schooling as the Petitioners have been appointed on 01.04.2014 as Untrained Teacher at Primary School, Hasanpur, Gram Panchayat Bishanpur Sriram, Block -Muraul, District Muzaffarpur and Primary School Khaspatti, Yadunathpur, Panchayat Bishanpur Sriram Block - Muraul, District - Muzaffarpur.

ii.) For grant of the benefit of D.El.Ed. Degree and its consequential benefits arising out of one increment of salary to the post of Trained Primary Teacher from the post of Untrained Primary Teacher.

iii.) For grant of any other relief or reliefs in view of the facts and circumstances of the present case."

4. 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 13.10.2025 (Annexure-P/3) before the District Education Officer, Muzaffarpur, District-Muzaffarpur (Respondent No. 7) 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 District Education Officer, Muzaffarpur, District-Muzaffarpur

3/4 (Respondent No. 7) to dispose of their pending representation on merit within a fixed time frame after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order.

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

6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of directing the District Education Officer, Muzaffarpur, District-Muzaffarpur (Respondent No. 7) to dispose of the pending representation of the petitioners dated 13.10.2025 (Annexure-P/3) on merit after giving an opportunity of hearing to the petitioners. The entire exercise must be completed within a period of six months from the date of receipt/production of a copy of this order by the petitioners. Needless to emphasize that the final order which shall be passed by the District Education Officer, Muzaffarpur, DistrictMuzaffarpur (Respondent No. 7) should be a reasoned and speaking order.

7. With the aforesaid observation and directions, the present writ application is disposed of. All pending Interlocutory

4/4 Applications, if any, will stand disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U