Lakshman Singh Vs The State of Bihar

For the Petitioner/s : Mr. Rana Ishwar Chandra, Advocate For the Respondent/s : Mr. D. Kumar Prasad, G,P.14. For Accountant General : Mr. Binod Kumar Labh, Advocate

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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2 22-12-2025

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Heard learned counsel for the petitioner, learned

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counsel appearing on behalf of the respondent-State and learned counsel for the Bihar State Madarsa Education Board, Patna.

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

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The petitioners have prayed for grant of following

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relief :-

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“1. (i) For quashing of order dated 18.06.2025 as contained in Memo No.575 dated 18.06.2025 passed and issued by the Direction, Primary Education, Bihar

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Patna High Court CWJC No.20472 of 2025(2) dt.22-12-2025 2/7

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Patna (the respondent No.4)

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(ii) For commanding and directing the concerned respondent to grant the benefits of “M.A.C.P” on completion of 30 years of service of petitioner with all the consequential benefits.”

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This is second round of litigation. In the earlier round of litigation vide C.W.J.C. No.4169 of 2020, the petitioner was granted liberty to seek his remedy before the Services Grievance Redressal Officer within four weeks and the said officer was directed to pass a reasoned and speaking order within 90 days thereafter. Para 6 of the order dated 12.01.2024 passed in C.W.J.C. No. 4169 of 2020 quoted hereinbelow for needful :-

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“6. As such, this writ petition is hereby disposed off granting liberty to petitioner to avail his remedy before the Service Grievance Redressal Officer (respondent No.6) within four weeks and respondent No.6 is directed to pass a reasoned and speaking order within 90 days thereafter.”

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Subsequently, alleging non-compliance of the aforesaid direction given by the Writ Court in C.W.J.C. No.4169 of 2020, the petitioner filed a contempt petition vide M.J.C. No.155 of 2025. During the pendency of the said contempt petition, an order was passed contained in Letter No.575 dated 18.06.2025 by the Director, Primary Education, Education Department, Govt. of Bihar (Annexure R/5) in which the

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Patna High Court CWJC No.20472 of 2025(2) dt.22-12-2025 3/7

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operative portion states as follows :-

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“7- mi;qZDr ds foospu ls Li"V gksrk gS fd Jh y{e.k flag dh izFke fu;qfDr jktdh; cqfu;knh fo| ky; ds lgk;d f'k{kd ¼eSfVªd izf'kf{kr½ ds in ij gqbZA mlds ckn mUgsa vkbZ0,0 izf'kf{kr f'k{kd ds in ij izksUufr izkIr gqbZA iqu% mudh izksUufr voj f'k{kk lsok ¼iz0'kk0½ laoxZ esa gqbZA {ks=h; f'k{kk mi funs'kd] njHkaxk izeaMy] njHkaxk ds vkns'k Kkikad 309 fnukad 15-04-2024 }kjk bUgsa nks foÙkh; mUu;u dk ykHk iznku fd;k x;k gSA Jh flag dks muds iwjs lsokdky esa nks ckj izksUufr ,oa nks foÙkh; mUu;u dk ykHk iznku fd;k x;k gSA

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“8- Jh flag }kjk fnukad 08-07-2010 ds izHkko ls r`rh; foÙkh; mUu;u ykHk iznku djus ls laca/kh nkok fd;k x;k gSA mudk ;g nkok rc ekU; gksrk tc mUgsa izksUufr@foÙkh; mUu;u ;kstuk ds ek/;e ls rhu foÙkh; mUu;u dk ykHk izkIr ugha gksrkA lkFk gh voj f'k{kk lsok esa izksUufr ds mijkar os u;h lsok ds vuqlkj foHkkxh; ijh{kk mÙkh.kZ gksrsA Jh flag ds }kjk foHkkxh; ijh{kk mÙkh.kZrk dk izek.k izLrqr ugha fd;k x;k gSA bl izdkj Jh flag dk voj f'k{kk lsok esa fnukad 08-07-2010 ds izHkko ls foÙkh; mUu;u ds nkok dk dksbZ vk/kkj ugha curkA lkFk gh Jh flag ds voj f'k{kk lsok esa izksUufr ds iwoZ baVj izf'kf{kr f'k{kd ds in ij izksUufr feyus ds ckotwn Hkh mUgsa nks foÙkh; mUu;u dk ykHk iznku fd;k x;k gSA bl ij lw{erk ls leh{kk dj iqu% fopkj fd;k tkuk gSA

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vr% of.kZr fLFkfr esa {ks=h; f'k{kk mi funs'kd] njHkaxk izeaMy] njHkaxk dks vkns'k fn;k tkrk gS fd os Jh flag ds lsok bfrgkl dh lw{erk ls voyksdu dj muds iznr foÙkh; mUu;u ykHk dk iqu% leh{kk dj ;Fkksfpr vkns'k ikfjr djsaxsA

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blds lkFk gh bl ekeys dks fuLrkfjr fd;k

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Patna High Court CWJC No.20472 of 2025(2) dt.22-12-2025 4/7

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tkrk gSA”

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[Emphasis Supplied]

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Since aforesaid order passed by the Director, Primary Education dated 18.06.2025 was contended to be against the petitioner, therefore, vide order dated 10.10.2025 passed in M.J.C. No.155 of 2025 this Court granted liberty to the petitioner to challenge the order dated 18.06.2025 passed by the Director Primary Education before appropriate forum.

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Paragraph 3 and 4 of the said order dated 10.10.2025 passed in M.J.C. No.155 of 2025 is quoted hereinbelow :-

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“3. Learned counsel for the petitioner submits that liberty may be granted to Challenge the said order before the appropriate forum.

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4. Accordingly, the contempt proceeding is hereby dropped and the present MJC petition is dismissed within the aforesaid liberty.”

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In terms of the liberty granted by this Court vide order dated 10.10.2025 in M.J.C. No.155 of 2025, the petitioner interpreted the same to be liberty granted to him to file writ application and accordingly he has filed the present writ application challenging the order dated 18.06.2025 contained in letter No.575 passed by the Director, Primary Education, Govt. of Bihar, Patna.

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Learned counsel appearing for the respondent-State

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Patna High Court CWJC No.20472 of 2025(2) dt.22-12-2025 5/7

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submits that if the impugned order dated 18.06.2025 is carefully perused it shall transpire that the matter relating to the petitioner has been sent for reconsideration which has to be carried out by the Regional Deputy Director of Education, Darbhanga Division, Darbhanga and final order is yet to be passed.

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Therefore, as per learned counsel for the respondent-State the order impugned in the present writ application has not attained complete finality, as the issue is still under reconsideration and final order is yet to be passed. He further submits that the petitioner should be relegated to submits his representation before the Regional Deputy Director of Education, Darbhanga Division, Darbhanga which shall be considered while passing the final order.

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In the light of the submission of learned counsel appearing for the respondent-State, learned counsel agrees to file representation before the Regional Deputy Director of Education Department, Darbhanga Division, Darbhanga and submits that an appropriate direction be issued to the said authority for disposing of the representation of the petitioner and for passing the final order within fixed time frame after giving an opportunity of hearing to the petitioner.

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To the aforesaid submissions made by learned

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Patna High Court CWJC No.20472 of 2025(2) dt.22-12-2025 6/7

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counsel for the petitioner, learned counsel appearing for respondent-State does not have any objection.

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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 detail representation before the Regional Deputy Director of Education, Darbhanga Division, Darbhanga where the mater is pending for reconsideration and this representation must be filed within one month from the date of passing of this order. If such representation is filed by the petitioner, the same shall be disposed of by the Regional Deputy Director of Education, Darbhanga Division, Darbhanga 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.

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Needless to emphasize that upon reconsideration of the representation filed by the petitioner, the final order which shall be passed by Regional Deputy Director of Education, Darbhanga Division, Darbhanga should be a reasoned and speaking order.

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It is also made clear that if the petitioner is entitled to the relief as claimed by them, then the same should be extended to the petitioner within a further period of three

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Patna High Court CWJC No.20472 of 2025(2) dt.22-12-2025 7/7

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months from the date of passing of this order.

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