Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that the petitioner is entitled to a direction for the District Education Officer to dispose of the pending representation within six months, after hearing, and to grant any due relief within three months of the final order.
Summary
Manish Kumar, a government school employee, filed a writ petition seeking a mandamus directing the Bihar Education authorities to release his unpaid honorarium/salary from 1 September 2025 and to allow him to resume duties. He had earlier sent a representation to the District Education Officer (DEO) on 14‑01‑2026, which remained pending without any response. The petitioner’s counsel requested the court to direct the DEO to dispose of the representation within a fixed period, giving the petitioner a hearing. The respondents did not object to this limited prayer. The High Court ordered the DEO to consider the representation, hold a hearing, and issue a reasoned order within six months, and if the petitioner is found entitled, to grant the relief within three months thereafter. The writ application was consequently disposed of.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing payment of his unpaid honorarium/salary.
- Whether the court can direct the District Education Officer to dispose of a pending representation within a specified time and after a hearing.
Subjects
- mandamus
- unpaid salary
- honorarium
- education department
- writ jurisdiction
- pending representation
- hearing
- reasoned order
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1802 of 2026
======================================================
Manish Kumar S/o Late Ganesh Singh, R/o Village - Maharaja Hata, P. S.
Angiyao Bazar, District - Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The District Public Grievance Redressal Officer, Bhojpur at Ara.
3. The District Education Officer, Bhojpur at Ara.
4. District Programme officer, Establishment, Bhojpur at Ara.
5. The Education Officer, District- Bhojpur at Ara.
6. The Principal Kanya Prathmik Vidyalaya, Pirauta, Ara Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mohit Shriwastava, Adv
For the Respondent/s : Mr.Standing Counsel (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
counsel appearing for the respondent nos. 1 to 5.
2. With the consent of the parties, this writ application
is being disposed of at this stage itself.
3. The petitioner in the present writ application has
prayed for granted of following reliefs:-
(i) “For issuance of writ of Mandamus
commanding the respondents authorities
to release the entire unpaid
honorarium/salary of the petitioner
forthwith from 01.09.2025 till date.
(ii.) For issuance of writ of Mandamus
commanding the respondents authorities to
allow the petitioner to resume his duties
Patna High Court CWJC No.1802 of 2026(2) dt.05-02-2026
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immediately stopping the petitioner's salary
and joining without any order or notice.
(iii) For any other relief/reliefs for which
the petitioner may be deemed entitled to.
4. After advancing some argument, learned counsel
for the petitioner submits that, for seeking the aforesaid reliefs,
the petitioner has already given a representation to the District
Education Officer Bhojpour, Ara ( Annexure P-7 series), which
has been sent by registered post on 20.01.2026 and the same is
still pending. He, therefore, submits that the petitioner would be
satisfied if an appropriate direction is issued to the District
Education Officer, Bhojpur, Ara to dispose of the pending
representation of the petitioner within a fixed time frame, after
giving an opportunity of hearing to the petitioner. The above
submission made by the learned counsel for the petitioner is not
objected to by learned counsel appearing for respondent nos. 1
to 5.
5. Considering the limited nature of prayer made by
the learned counsel for the petitioner, this writ application is
disposed of by directing the District Education Officer, Bhojpur,
Ara to dispose of the pending representation of the petitioner
( Annexure P-7 series), which was sent to the District Education
Officer, Bhojpur, Ara on 14.01.2026 within six months from the
date of receipt / production of a copy of this order, after giving
Patna High Court CWJC No.1802 of 2026(2) dt.05-02-2026
3/3
an opportunity of hearing to the petitioner.
6. Needless to emphasis that the final order to be
passed by the District Education Officer, Bhojpur, Ara should be
a reasoned and speaking order. It is further made clear that, in
case the petitioner is found entitled to the relief sought in the
representation, the same shall be extended to the petitioner
within a further period of three months from the date of passing
of the final order by the District Education Officer, Bhojpur,
Ara.
7. With the aforesaid observation and direction, the
present writ application stands disposed of. The pending I.A, if
any, is deemed to have been disposed of.
(Alok Kumar Sinha, J)
N.K/-
U
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