Patna High Court
Shravan Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the petitioners may file a fresh representation before the Director of Primary Education within two weeks, and the Director must dispose of it within four months, after which the writ application is disposed.
Summary
The petitioners, selected as Assistant Teachers in February 2012, sought a mandamus directing the State of Bihar and its education officials to pay their salary and benefits for the period February 2012 to January 2024, alleging that similarly situated persons had been posted and paid earlier. They also requested that all post‑appointment benefits be granted retroactively, relying on earlier judgments in analogous writ petitions. The court, with the parties’ consent, declined to issue the writ at this stage and instead allowed the petitioners to file a fresh representation before the Director of Primary Education within two weeks. The court directed that the Director dispose of the representation within four months, after hearing the petitioners, and issue a reasoned order. If the representation is found in favour of the petitioners, the relief sought should be granted within two months of the final order. The writ application was therefore disposed with the liberty to approach the Director.
Issues considered
- Whether the State and its education officials are liable to pay salary and benefits to the petitioners for the period February 2012 to January 2024.
- Whether a writ of mandamus can be issued directing payment of arrears and grant of benefits.
- Whether the petitioners must first file a representation before the Director of Primary Education before the court can entertain the writ.
Subjects
- writ of mandamus
- salary arrears
- appointment delay
- public service
- representation
- education department
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1108 of 2025
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1. Shravan Kumar Ray Son of Late Jagdish Mahto, Resident of Village- Gachi
Tola, Ward No.-10 Near Durga Asthan, P.O. and P.S.- Begusarai, District-
Begusarai.
2. Lalit Kumar Pal Son of Late Vishnudev Raut, Resident of Village-
Chhechhani, P.O.- Belsand, P.S.- Larrjhaghat, District- Samastipur.
3. Sona Kumari Wife of Late Shankar Choudhary, Resident of Village-
Danauli, P.O.- Danauli Phulwaria, P.S.- Baliya, District- Begusarai.
4. Pashupati Paswan Son of Late Harivansh Paswan, Resident of Village and
P.O.- Safapur, P.S. Nayagaon, District- Begusarai.
5. Rita Devi Wife of Shravan Kumar Ray, Resident of Village- Gadhi Tola,
Ward No.- 10, Near Durga Asthan, P.O. and P.S.- Begusarai, District-
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Department of Education
Government of Bihar, Patna.
2. The Director, Primary Education, Government of Bihar, Patna.
3. The District Education Officer, Begusarai.
4. The District Program Officer (Establishment), Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Adv
For the Respondent/s : Mr. Government Pleader (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 17-03-2026 Heard learned counsel for the petitioners and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioners have
prayed for the grant of following reliefs:
“(i) To issue direction, order or
writ in the nature of Mandamus, or any
Patna High Court CWJC No.1108 of 2025(3) dt.17-03-2026
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other appropriate writ/writs, order/orders,
direction/directions, commanding the
respondents to make payment of salary from
the month of February 2012 to January
2024, periods the respondent authority has
restrained to the petitioners to perform their
duty on the post of Assistant Teacher as the
petitioners were selected on the said post
along with other similarly situated persons
in the month of February 2012 and after due
counselling allotted them District Begusarai
for their posting against 34540 vacant post
after followed due procedure of selection
and also on the recommendations of Hon'ble
Apex Court but after long litigation vide
order dated 30.01.2024 respondent has
issued appointment letter in favor of the
petitioners and posted them, although other
selected persons were posted in the month of
February, 2012 itself and allowed them to
work and paid salary to them.
(ii) To issue a direction, order, or
writ upon the respondents to grant all
subsequent benefit to the petitioners from the
initial date of selection/appointment, as the
similarly situated persons have given since
after intervention of this Hon'ble Court after
long litigation and delay of about 12 years
respondents have allowed to join on the post
of Assistant Teacher (Trained)34540 grade,
Patna High Court CWJC No.1108 of 2025(3) dt.17-03-2026
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and also similarly situated persons have
already been granted the same benefit in
light of judgment rendered in L.P.A. No.
1254 of 2016, and analogous matter, L.P.A.
No. 1309 of 2017 and L.P.A No. 1310 of
2017.
(iii) To issue any other
relief/reliefs that the petitioners may be
found to be entitled in the fact and
circumstances of the present case.”
4. After advancing some argument, learned counsel
for the petitioners submits that for seeking the aforesaid relief,
the petitioners are prepared to file a fresh representation before
the Director, Primary Education, Government of Bihar, Patna
(respondent no. 3). He further prays that if such a representation
is filed within the stipulated time then an appropriate direction
be issued to the Director, Primary Education, Government of
Bihar, Patna to dispose of the representation filed by the
petitioners within a fixed time frame, after giving an opportunity
of hearing to the petitioners.
5. To the aforesaid prayer being made by learned
counsel for the petitioners, learned counsel appearing for
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
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made by learned counsel for the petitioners, this writ application
is disposed of granting liberty to the petitioners to file a fresh
representation before the Director, Primary Education,
Government of Bihar, Patna within two weeks from today. If
such a representation is filed within the stipulated time then the
Director, Primary Education, Government of Bihar, Patna is
directed to dispose of the same within four months from the date
of filing of the representation, in accordance with law, after
giving an opportunity of hearing to the petitioners. Needless to
emphasize that the final order which shall be passed by the
Director, Primary Education, Government of Bihar, Patna
should be a reasoned and speaking order. It is further made clear
that in case, the petitioners are found entitled to the relief which
they would be claiming through the representation, the same
should be extended to the petitioners within a further period of
two months from the date of passing of the final order.
7. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
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