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Patna High Court

Jyoti KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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