Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.575 of 2026 ====================================================== Abhimanyu Kumar Son of Late Kapil Dev Singh, resident of village- Bheldi, P.O. and P.S.- Bheldi, District- Saran, presently posted/working as Prakhand/Vishisht Teacher in Middle School, Jhakahra, Block- Amnour, District- Saran.

... ... Petitioner

Versus

1.

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

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

3.

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

4.

The District Magistrate, Saran.

5.

The District Education Officer, Saran.

6.

The District Programme Officer (Establishment), Saran. 7.

The Block Development Officer-cum-Executive Officer, Block - Amnour, District- Saran.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 20-01-2026 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 the present stage itself.

3. The petitioner in the present writ application has prayed for the grant of following reliefs:- "That the petitioner abovenamed craves indulgence of this Hon'ble Court for issuance of

2/4 appropriate order/orders, direction/directions, writ/writs, preferably in the nature of Mandamus, commanding and directing the Respondent authority concerned to grant/pay the regular pay-scale of the petitioner from the date of joining of his service i.e. on 01.09.2016 as has been granted to other similarly situated persons, because petitioner being the son of the deceased Permanent Teacher was compelled to join as Prakhand Teacher in fixed pay of untrained Intermediate Teacher on compassionate ground; whereas, petitioner is entitled to be appointed on regular pay scale whose father was a permanent government teacher and died in harness. And/or any other relief or reliefs for which the petitioner is found entitled to, in the facts and circumstances of this case."

4. Learned counsel for the petitioner submits that for claiming the aforesaid relief, the petitioner had filed a representation before the Director, Primary Education, Department of Education, Government of Bihar, Patna

3/4 (Respondent No. 3) dated 10.11.2024 (Annexure-P/8) and the same continues to be pending. Learned counsel for the petitioner submits that the petitioner would be satisfied if an appropriate direction could be issued to the Director, Primary Education, Department of Education, Government of Bihar, Patna (Respondent No. 3) to dispose of his representation on merit within a fixed time frame after giving an opportunity of hearing to the petitioner.

5. To this 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 directing the Director, Primary Education, Department of Education, Government of Bihar, Patna (Respondent No. 3) to dispose of the pending representation of the petitioner dated 10.11.2024 (AnnexureP/8) within a period of six months from the date of receipt/production of a copy of this order after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Director, Primary Education, Department of Education, Government of

4/4 Bihar, Patna (Respondent No. 3) should be a reasoned and speaking order. It is further made clear that in case the petitioner is found entilted to the relief which the petitioner has claimed through the representation then the same should be extended to the petitioner within three months from the date of passing of the final order by the authority concerned.

7. With the aforesaid observation and direction, the present writ application is disposed of. All pending Interlocutory Applications, if any, will be deemed to have been disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U