Sujit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Sujit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without adjudication on the merits, with directions that the petitioners file a representation/appeal before the Regional Deputy Director of Education, Munger Division within four weeks, and that respondent no. 5 decide the same after hearing all stakeholders within twelve weeks of receipt/production of a copy of the order. No relief restoring the original promotion/appointment dates was granted by this order.

Issue for consideration

Whether the office order dated 12/04/2025 (Memo No. 1206A) issued by the District Education Officer, Khagaria, changing the petitioners' date of promotion/appointment from 31.12.2004 (petitioners 1-9) and 31.12.2005 (petitioners 10-16) to 31.12.2007 is liable to be quashed, and whether the petitioners are entitled to service benefits on the science graduate scale from the original dates. +1 more

Court's answer

The Court directed the petitioners to file an appropriate representation/appeal before the Regional Deputy Director of Education, Munger Division, preferably within a period of four weeks.

Ratio / Principle

If such representation(s)/appeal is/are filed, respondent no. 5 (Regional Deputy Director of Education, Munger) shall look into the matter and pass appropriate order after giving proper opportunity of hearing to all stakeholders, preferably within twelve weeks from the date of receipt/production of a copy of the Court's order.

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.), 02-02-2026, CWJC No.11380 of 2025: Sixteen petitioners, stated to be serving under the education establishment in Khagaria district, challenged an office order dated 12/04/2025 (Memo No. 1206A) issued by the District Education Officer, Khagaria, whereby their date of promotion/appointment was changed - for petitioners 1 to 9 from 31.12.2004 to 31.12.2007 and for petitioners 10 to 16 from 31.12.2005 to 31.12.2007 - and sought restoration of the original dates with consequential service benefits in the science graduate scale. The petitioners claimed to have appealed to the Regional Deputy Director of Education, Munger Division against the impugned order (Annexure-P/7) with no final decision, while the respondents filed a counter affidavit asserting no such representation/appeal had been received. Without deciding the merits, the Court disposed of the writ petition, directing the petitioners to file an appropriate representation/appeal before the Regional Deputy Director of Education, Munger Division within four weeks, and directing respondent no. 5 to consider and pass appropriate orders after affording a proper opportunity of hearing to all stakeholders, preferably within twelve weeks of receipt/production of a copy of the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11380 of 2025

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Sujit Kumar Son of Siya Ram Mandal, Resident of Lenin Nagar, Tamtha Parbatta, P.O. and P.S.- Temtha, District- Khagaria.

Gopal Prasad Son of Shivendra Prasad, Resident of Chandra Nagar, Ranko, Ward No. 08, Ranko Kosi College Khagaria, P.O. and P.S- Ranko, DistrictKhagaria.

Sitesh Kumar Son of Anil Kumar, Resident of Village Ward No. 08, Mill Road, Mukhya Dakghar, P.O. and P.S- Khagaria, District- Khagaria.

Jitendra Kumar Jiggiyiyasu Son of Baneshwar Prasad Yadav, Resident of Gram Olapur, Ward No. 17, P.O. and P.S.- Olapur Gangaur, DistrictKhagaria.

Prabhakar Thakur Son of Krishnadeo Thakur, Resident of Chandrapur, P.O. and P.S.- Gogri, District- Khagaria.

Paras Kumar Son of Shobha Kant Singh, Resident of Village- Kanhauli, Baltra, P.O- Phulwarua, P.S- Gogari, District- Khagaria.

Rakesh Kumar Vaishya Son of Dhanik Lal Poddar, Resident of North Rajendra Nagar, P.O. and P.S- Sanhauli, District- Khagaria.

Manoj Kumar Singh Son of Fulendra Prasad Singh, Resident of Chaidha, Ward No. 06 P.O- Bahu Bagicha, P.S- Maheskhunt, District- Khagaria.

Yugal Kishor Singh Son of Sitaram Singh, Resident of Ashok Nagar, Kosi College, P.O., P.S and District- Khagaria.

Deepak Jaiswal Son of Shivendra Prasad, Resident of Ward No. 11, Pasraha, P.O. and P.S.- Pasraha, District- Khagaria.

Narendra Kumar Sinha Son of Shyam Sumiran Prasad, Resident of Shekhpura Madhurapur, P.O. and P.S- Madhurapur, District- Khagaria.

Surendra Kumar Son of Bishwanath Prasad Singh, Resident of Ward No. 08, South to Chanditola NH-31, P.O- Bahu Bagicha, P.S- Maheshkhunt, DistrictKhagaria.

Ashok Kumar Son of Surya Narayan Yadav, Resident of Bahadurpur, P.OBahadurpur, P.S- Alauli, District- Khagaria.

Md. Faiyaz Alam Son of Md. Zafir, Ward No. 04, Kasha P.O. and P.S.Gogri, District- Khagaria.

Anil Kumar Son of Bishnudeo Sahu, Shri Krishna Ma Olapur Gangur, P.O. and P.S.- Gangaur, District- Khagaria.

Durga Nath Jha Son of Banarshi Jha, Ward No. 2, Gulab Nagar, P.O. and P.S- Sonhauli, District- Khagaria.

... ... Petitioner/s

Versus

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

The Director, Primary Education, Government of Bihar, New Secretariat, Patna.

Patna High Court CWJC No.11380 of 2025(4) dt.02-02-2026 2/4

The Principal Secretary, Finance Department, Government of Bihar, Old Secretariat, Patna.

The District Magistrate, Khagaria.

Regional Deputy Director of Education, Munger.

The District Education Officer, Khagaria.

The District Programme Officer, (Establishment) Khagaria.

The District Programme Officer, Planning and Accounts-cum-Member, District Primary Teacher Establishment Committee-cum-Screening Committee, Khagaria.

District Planning Officer-Co-Member District Elementary Teacher, Establishment Committee-cum-Screening Committee, Khagaria.

Kaushki Examining Senior Deputy Collector, Khagaria-Co-Member, District Primary Teacher Establishment Committee-cum-Screening Committee, Khagaria.

District Programme Officer Establishment-cum-Member, Elementary Secretary, District Management Teacher, Establishment Committee-cumScreening Committee, Khagaria.

District Education Officer, Khagaria-cum-Chairman, District Primary Teacher, Establishment Committee-cum-Screening Committee, Khagaria.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Ms. Sweta Raj, Adv. For the Respondent/s : Mr. Additional Advocate General (13) ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

4 02-02-2026 Heard the learned Advocate for the respective parties.

The petitioners have approached this Court for the

following reliefs:

“That this is an application for a issuance of a writ in the nature of certiorari for quashing of the office order issued by its Memo No. 1206A dated 12/04/2025 under the signature of the District Education Officer, Khagaria (Sub Divisional Parisar, Khagaria), so far it relates to the petitioners under which the date of promotion/appointment of the petitioner 1 to 9 were changed from

Patna High Court CWJC No.11380 of 2025(4) dt.02-02-2026 3/4

31.12.2004 to 31.12.2007 and the date of promotion/appointment of the petitioner No. 10 to 16 were changed from 31.12.2005 to 31.12.2007 and further for issuance of writ in the nature of mandamus directing the respondents not to interfere with the date of promotion/appointment of the petitioners 1 to 9 as 31.12.2004 and 10 to 16 as 31.12.2005. order,

And further issuance of an appropriate writ/order/direction/directing the respondent to grants all the service benefits to the petitioners treating the date of appointment to petitioner 1 to 9 as science graduate scale to the petitioner promotion with effect from 31.12.2004 and 10 to 16 treating the date of promotion 31.12.2005 in the Science Graduate Scale.

And/direction and further for issuance of an appropriate writ/directing the respondents not to interfere with the date of promotion/appointment of the petitioners as a science graduate trained scale as granted under office order dated 06/07/2024 save and accept in accordance with law.”

Adverting to the facts, as stated in the writ petition,

it is lastly submitted that against the impugned order as contained in Annexure-P/7, the petitioners have also preferred an appeal before the Regional Deputy Director of Education, Munger Division. However, till date, no final decision has been taken.

A counter affidavit has been filed in support of the

Patna High Court CWJC No.11380 of 2025(4) dt.02-02-2026 4/4

impugned order, besides it is also submitted that no such representation/appeal has been received in the office of the answering respondents.

Considering the aforesaid facts, this Court directs the petitioner to file appropriate representation/appeal before the Regional Deputy Director of Education, Munger Division, preferably within a period of four weeks.

In case such a representation(s) is/are filed, the concerned respondent no. 5 shall look into the matter and pass appropriate order, after giving proper opportunity of hearing to all the stakeholders, preferably within a period of twelve weeks, from the date of receipt/production of a copy of this order.

Accordingly, the writ petition stands disposed off.

(Harish Kumar, J)

shivank/-

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