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2026 DAILYLAW 46056 (PAT)

Yamuna Prasad Ojha v. The State of Bihar

CWJC/20898/2025 · 2026-01-16

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20898 of 2025 ====================================================== Yamuna Prasad Ojha Son of Late Muneshwar Ojha, Resident of Village- Pandey Patti, F.C.I. Road Buxar, P.S.- Buxar (M) District- Buxar. ... ... Petitioner/s Versus 1. The State of Bihar Bihar. 2. The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3. The Secretary, Department of Primary Education, Bihar Govt. Patna. 4. The Director (Primary Education), Govt. of Bihar, Patna. 5. The District Magistrate, Buxar. 6. The District Education Officer, Buxar. 7. The District Programme Officer (Establishment), Buxar. 8. The Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Anirudh Mishra For the A.G. Bihar : Mr.Sunil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 16-01-2026 In the instant petition, petitioner has prayed for the following relief(s):- “(i) For issuance of a writ in the nature of Mandamus directing the respondents to pay the amount of pension of graduate trained scale as well as other consequential benefits considering the degree of sahityalankar awarded to the petitioner in the year 1983 by Hindi Vidyapeth Devghar in view of order passed by this Hon'ble court in C.W.J.C. No. 11255/2016 (F.B.) (ii) For issuance of writ directing the respondents to pay the interest for the period of delay in Payment for which the petitioner is entitled as well as exemplary cost for Undue harassment caused to the Patna High Court CWJC No.20898 of 2025(2) dt.16-01-2026 2/3 petitioner. (iii) For issuance of any other writ/ writs, order/ orders, direction/directions which the Hon'ble Court may deem fit and proper.” 2. Counsel for the petitioner at the outset submits that his case is squarely covered by the judgment rendered by the Hon'ble Full Bench in the case of Ramashankar Patel and Ors Vs. The State Of Bihar and Ors. passed in (CWJC No. 11255 of 2016). 3. Counsel for the petitioner submits that only because of the reasons that the appointment obtained by this petitioner on the post of Assistant Teacher, on the basis of the degree of sahitya alankar, which is said to have been obtained from Hindi Vidyapeth Devghar in the year 1983, the promotion in the graduate trained scale was not allowed, while these issues has already been adjudicated by the Hon’ble Full Bench in the case of Ramashankar Patel and Ors Vs. The State Of Bihar and Ors. passed in (CWJC No. 11255 of 2016) and consequential notification has also been issued by the General Administration Department, Govt. of Bihar as contained in notification no. 10878 dated 24.08.2017, and there may not be any legal impediment before the authorities in adjudicating the claim of this petitioner, who is said to have been retired in the year 2004, Patna High Court CWJC No.20898 of 2025(2) dt.16-01-2026 3/3 and has attained his age of 82 years. 4. On the other hand, counsel for the State does not dispute the fact, which has already been put at rest by the Hon'ble Full Bench and fairly submits that the petitioner may directed to file a detailed representation showing his bona fide, as also by appending the judgment of Hon’ble Full Bench so that the authorities may adjudicate the claim within the timeline so fixed. 5. Considering the stand of the parties, this Court finds appropriate to direct Respondent No. 6 – District Education Officer, Buxar to adjudicate the claim of this petitioner on the representation, which would be filed within a period of four weeks and on filing of such representation with supportive material, the same shall be adjudicated within a period of eight weeks, for the relief so sought and on findings the claim to be justified in law, benefits shall also be extended. 6. Accordingly, the instant writ petition stand disposed of. abhishekkr/- (Ajit Kumar, J) U