Patna High Court
Ramagya Prasad SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court directed the petitioner to file a representation before the District Education Officer, who must decide the matter within six months and, if relief is warranted, grant it within three months.
Summary
The petitioner, Ramagya Prasad Singh, a night guard appointed in 1983 at U.S.R. College, sought payment of government aid and remuneration that he alleges has been sanctioned but not received. He filed a writ petition before the Patna High Court requesting the State and education authorities to direct payment of arrears and future dues. The court, with consent of both parties, did not decide on the merits but instead granted the petitioner liberty to file a detailed representation before the District Education Officer (DEO) within one month. The court directed the DEO to dispose of the representation within six months, issuing a reasoned order, and if the petitioner is found entitled, to grant relief within three months thereafter. The writ application was thus disposed of with these procedural directions.
Issues considered
- What entitlement, if any, does the petitioner have to the government aid/remuneration for his service as night guard?
- Whether the petitioner should first approach the District Education Officer before seeking relief through the writ jurisdiction.
Subjects
- government aid
- remuneration
- night guard
- writ jurisdiction
- representation
- District Education Officer
- administrative law
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14528 of 2017
======================================================
Ramagya Prasad Singh son of Late Radha Krishna Singh @ Radha Singh,
Resident of Village P.O- Siswa patna, Police Station- Kalyanpur, Dist- East
Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Secondary Education, Govt of Bihar, Patna
3. The Chairman, Bihar School Examination Board, Patna.
4. The District Magistrate, East Champaran, Motihari.
5. The District Education Officer, East Champaran, Motihari
6. The Chairman, Management Committee, U.S.R College, Siswa Patna, P.S
Kalyanpur, Dist- East ChamparaN
7.The Principal, U.S.R College, Siswa Patna, P.S- Kalyanpur, Dist- East
Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Respondent/s : Mr. Satyabir Bharti, Adv
Ms. Asstha Prakash, Adv
Ms. Kanupriya, Adv
Mr. Abhishek Anand, Adv
For the State Mr. A. R. Pandey -Aag-15
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
5 12-01-2026 Heard learned counsel for the petitioner, learned
counsel for the Bihar School Examination Board 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. The petitioner has prayed for grant of following
reliefs:-
(i) To pay the Govt, Aid/ Remuneration
whichy has been granted by the Govt. to the U.S.R.
College, Siswa Patna, P.S Kalyanpur, Dist- East
Patna High Court CWJC No.14528 of 2017(5) dt.12-01-2026
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Champaran, Motihari considering the fact that the
petitioner was appointed on the post of Nigh Guard
on 21.06.1983 and since then he is working at the
college.
(ii) To pay the remuneration is
accordance with the Govt circular as for the year
2006-09 and up till now the State Govt. issued total
Rs. 39,60,400=00 ( approx) and the petitioner has
not received any amount even if the fact that he has
been working on the post of Nigh Guard since
21.01.1983 i.e. date of appointment.
(iii) To direct the respondent authority to
pay the arrears of Govt. Aid/ remuneration
sanctioned earlier and also directed to pay further
in accordance with his post and contribution.
4. After advancing some argument, learned counsel
appearing for the petitioner submits that for seeking the
aforesaid reliefs, the petitioner is prepared to file a fresh
representation before the District Education Officer, East
Champaran, Motihari and further prays that an appropriate
direction be issued for disposal of the same within a fixed time
frame after giving an opportunity of hearing to the petitioner.
5. To the aforesaid submissions made by the learned
counsel for the petitioner, learned counsel appearing for Bihar
School Examination board and respondent-State do not have
any objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner, the writ application is
Patna High Court CWJC No.14528 of 2017(5) dt.12-01-2026
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disposed of granting liberty to the petitioner to file a detail
representation before the District Education Officer, East
Champaran, Motihari within one month from today. If such a
representation is filed, the District Education Officer, East
Champaran, Motihari shall dispose of the same within a period
of six months from the date of filing of representation, after
giving an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the District Education Officer, East
Champaran, Motihari should be a reasoned and speaking order.
8. It is also made clear that in case the petitioner is
found entitled to the relief then the same should be given to the
petitioner within a further period of three months from the date
of passing of the final order.
9. With the aforesaid observation, direction and
liberty granted , the present writ application is disposed of.
10. Pending I.A.s., if any, is deemed to have been
accordingly disposed of.
(Alok Kumar Sinha, J)
N.K/-
U
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