Pawan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Pawan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: the District Education Officer, East Champaran, Motihari to forthwith call for the service particulars of the petitioner and his deceased father and take a conscious decision in light of the Bheemesh judgment within six weeks; if the petitioner is found entitled to the relief(s) prayed for, the same to be given within a further one month from the date of the DEO's order.

Issue for consideration

Whether the petitioner is entitled to the required pay scale as per the governing Rules on the date his father died (15.03.2006), in light of the Supreme Court judgment in Bheemesh Alias Bheemappa.

Court's answer

The District Education Officer, East Champaran, Motihari is directed to forthwith call for the service particulars of the petitioner and his deceased father, Late Chandradeo Singh (died 15.03.2006), and take a conscious decision in the light of the Hon'ble Supreme Court judgment in Bheemesh Alias Bheemappa well within a period of six weeks.

Ratio / Principle

If the petitioner is entitled to the relief(s) prayed for in Paragraph No.1 of the writ petition, the same is required to be given to him well within a period of further one month from the date of passing of order by the District Education Officer, East Champaran, Motihari.

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), by oral order dated 19-06-2025, disposed of Civil Writ Jurisdiction Case No.9430 of 2025 filed by Pawan Kumar, whose father Late Chandradeo Singh died on 15.03.2006. Invoking the Supreme Court decision in The Secretary to Govt. Department of Education (PRIMARY) & Ors. Vs. Bheemesh Alias Bheemappa (Civil Appeal Appeal No.7758 of 2021 arising out of Special Leave Petition (C) No.1564 of 2021), the petitioner claimed the pay scale payable under the governing Rules as on the date of his father's death, and had represented before the District Education Officer, East Champaran, Motihari on 04.04.2025 without any action being taken. The Court directed the DEO to forthwith call for the service particulars of the petitioner and his deceased father and take a conscious decision in the light of the Bheemesh judgment within six weeks; if the petitioner is found entitled to the relief(s) prayed for in Paragraph No.1 of the writ petition, the same is to be given within a further one month from the date of the DEO's order. With these observations/directions, the writ petition stands disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9430 of 2025

======================================================

Pawan Kumar Son of Late Chadradeo Singh, Resident of Village -Saraiya Gopal, P.S. - Patahi, District - East Champaran.

... ... Petitioner/s

Versus

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

The Director, Primary Education, Govt. of Bihar, Patna.

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

The District Magistrate, East Champaran, Motihari.

The District Education Officer, East Champaran, Motihari.

The District Programme Officer, Establishment, East Champaran, Motihari.

The Sub Divisional Officer, Motihari Sadar, East Champaran.

The Block Education Extension Officer, Motihari Sadar, District-East Champaran, Motihari.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr.Madhurendra Kumar, Advocate For the Respondent/s : Mr.Anirban Kundu, SC 24 ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 19-06-2025

Heard Mr. Madhurendra Kumar, learned counsel

appearing on behalf of the petitioner and Mr. Anirban Kundu, learned SC 24 for the State.

Learned counsel appearing on behalf of the petitioner informs that in the light of the law laid down by the Hon’ble Supreme Court in the case of The Secretary to Govt. Department of Education (PRIMARY) & Ors. Vs. Bheemesh Alias Bheemappa (Civil Appeal Appeal No.7758 of 2021) arising out of Special Leave Petition (C) No.1564 of 2021, the petitioner becomes entitled for required pay scale as per the governing Rules on the date his father died i.e. on 15.03.2006

Patna High Court CWJC No.9430 of 2025(2) dt.19-06-2025 2/2

and in the light of the said judgment of the Hon’ble Supreme Court, the petitioner has already represented before the District Education Officer, East Champaran, Motihari on 04.04.2025 but he has not taken action till date.

Considering the aforesaid submissions made on behalf of the petitioner, the District Education Officer, East Champaran, Motihari is directed to forthwith call for the service particulars of the petitioner, as well as, his deceased father, namely, Late Chandradeo Singh, who had died on 15.03.2006 and take a conscious decision in the light of the Hon’ble Supreme Court judgment passed in the case of Bheemesh Alias Bheemappa case (supra) well within a period of six weeks.

In case, the petitioner is entitled for the relief(s) as prayed for in Paragraph No.1 of the present writ petition, the same is required to be given to the petitioner well within a period of further one month from the date of passing of order by the District Education Officer, East Champaran, Motihari.

With the above observation/direction, the present writ petition stands disposed of.

(Purnendu Singh, J)

chn/- U