Tahir Akhatar vs The State Of Bihar & Ors.

Date : 07-08-2026 Heard Mr. Sunil Kumar No. III, learned Advocate for the petitioner and Mr. Md. Irshad, learned Advocate for the State.

The petitioner has invoked the jurisdiction of this Court seeking issuance of a writ in the nature of Mandamus directing the respondents, especially respondent no. 1 to transfer/absorb the services of the petitioner from the post of Dafadar to the post of Lower Division Clerk in view of Rule 56 of the Bihar Service Code, as both the posts are Group-C posts under pay Level-2 scale having equal pay scale.

Learned Advocate for the petitioner submitted that the petitioner was initially appointed on the post of Chowkidar in the year 2008 and subsequently he was promoted to the post of Dafadar by virtue of the office order issued by the respondent no. 1 vide Memo No. 195 dated 19.01.2024. Considering the subsequent development in the Bihar Chowkidar Cadre Rules, 2006, besides the notification issued by the Government of Bihar in the Department of General Administration under notification dated 23.03.2011 as well as the notification dated 18.12.2017 whereby the State Government has made certain amendment in the Bihar Collectorate Clerical Cadre (Recruitment and Conditions of Service) Rules, 2011, the petitioner has filed a detailed representation in the office of the respondent no. 1 for redressal of the grievance as sought for in the present writ petition, however, no action has been taken. Thus, the present writ petition.

Learned Advocate for the State fairly submitted that since the petitioner has already approached before the concerned authority, who shall look in the matter and take appropriate decision.

Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the limited grievance of the petitioner, as also the fact that for redressal of the same, the petitioner has already approached the District Magistrate, East Champaran, Motihari by filing a detailed representation dated 15.06.2026, the copy of which has been placed as Annexure 6 to the writ petition, this Court deems it apt and proper to dispose off the present writ petition with a direction to the District Magistrate, East Champaran to consider the representation referred herein above and bring to its logical conclusion, preferably within a period of eight weeks from the date of receipt/production of the copy of this order.