Patna High Court
Jyoti KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed of the writ application by granting liberty to file a fresh representation and directing the Block Education Officer to dispose of it within three months, after a hearing and a reasoned order.
Summary
Jyoti Kumari, a regular teacher, filed a writ petition seeking payment of her salary arrears amounting to Rs. 33,89,607 for the period from June 2015 to December 2025, of which only Rs. 4,05,000 had been paid. She alleged that despite multiple representations to various education authorities, the dues remained unpaid. The petitioner agreed to file a fresh representation before the Block Education Officer, Shivsagar, Rohtas within one month and requested the court to direct a timely disposal of that representation. The respondent State raised no objection to this limited prayer. The Court, exercising its writ jurisdiction, granted liberty to the petitioner to file the representation and directed the Block Education Officer to dispose of it within three months, after giving a hearing and issuing a reasoned order, and to pay any adjudged amount within a further three months. Accordingly, the writ application was disposed of with the aforesaid directions.
Issues considered
- What relief, if any, can the court grant to compel the education authorities to pay the petitioner’s salary arrears?
- Whether the court can direct the administrative authority to dispose of a fresh representation within a stipulated time frame.
Subjects
- salary arrears
- service matters
- writ jurisdiction
- administrative direction
- education department
- representation
- hearing
- reasoned order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1247 of 2026
======================================================
Jyoti Kumari Daughter of Bhuneshwar Singh, Resident of Village Ward No.
5, Street No. 11F, Mohalla-Santoshi Maa Path, Gaurakshani Sasaram, P.S.
Sasaram (T), District-Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Human Resources Department, Government of
Bihar, Patna.
3. The Director, Secondary Education, Education Department, Government of
Bihar, Patna.
4. The District Programme Officer, Rohtas at Sasaram.
5. The District Education Office, Rohtas at Sasaram.
6. The Block Education Officer, Shivsagar, Rohtas.
7. The Headmaster, Primary School Chhotaki Chenari, Shivsagar, District-
Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Singh, Adv
For the Respondent/s : Mr. Vikramadit, AC to SC-22 SC-22
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner 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 petitioner has
prayed for the grant of following reliefs:
“For issuance of writ/writs,
direction/directions to the Respondents to
pay the current salary as well as arrears of
salary since 18 June 2015 to December 2025
Patna High Court CWJC No.1247 of 2026(2) dt.29-01-2026
2/3
(Total amount Rs. 33,89,607/- out of which
paid only Rs. 4,05,000/-) dues amount
29,84,607 rupees without any reason
payment was withheld, whereas the
petitioner is regularly working as teacher.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief, he
has given several representations to various authorities but till
date, the amount due to the petitioner has not been paid. He,
however, submits that he is once again prepared to file a fresh
representation before the Block Education Officer, Shivsagar,
Rohtas within one month from today and prays that an
appropriate direction be given to the Block Education Officer,
Shivsagar, Rohtas to dispose of the representation filed by the
petitioner within a fixed time frame, after giving an opportunity
of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a fresh
representation before the Block Education Officer, Shivsagar,
Patna High Court CWJC No.1247 of 2026(2) dt.29-01-2026
3/3
Rohtas within one month from today and if such a
representation is filed within the stipulated time then the Block
Education Officer, Shivsagar, Rohtas is directed to dispose of
the same within a further period of three months from the date
of receipt of the representation, after giving an opportunity of
hearing to the petitioner. Needless to emphasize that the final
order which shall be passed by the Block Education Officer,
Shivsagar, Rohtas should be a reasoned and speaking order. It is
made clear that if the petitioner is found entitled to the relief
which the petitioner would be claiming through the
representation, the same should be given to the petitioner within
a further period of three 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/-
U
Checking your session…