Patna High Court
Pramod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Education Officer and District Programme Officer to dispose of the petitioner's pending representations within six months and, if relief is warranted, to grant it within three months.
Summary
The petitioner, a Panchayat Teacher, filed a writ petition seeking a mandamus directing the State of Bihar and its education officials to pay his salary arrears dating from his appointment on 20‑04‑2015, alleging arbitrary withholding despite prior orders. He also requested that pending representations filed with the District Education Officer and District Programme Officer be disposed of within a fixed period, with an opportunity of hearing. The respondents raised no objection to the limited relief sought. The Court, noting the narrow prayer, ordered the District Education Officer and District Programme Officer to decide the pending representations within six months of receipt of the order, after hearing the petitioner, and to grant any due relief within three months thereafter. The final orders of those officials must be reasoned and speaking. The writ application was therefore disposed of with these directions.
Issues considered
- Whether the petitioner is entitled to a writ of mandamus directing payment of his salary arrears.
- Whether the education authorities should be directed to dispose of the petitioner's pending representations within a specified time frame.
Subjects
- mandamus
- salary arrears
- public employment
- administrative delay
- right to remuneration
- Article 23
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1819 of 2026
======================================================
Pramod Kumar Singh Son of Sri Chinta Nath Singh, Resident of Village and
P.O.- Rachhopali, P.S.- Jamo Bazar, District- Siwan, Presently working as
Panchayat Teacher at N.P.S., Mangalpur Dhobi Tolo, Block- Baikunthpur,
District- Gopalganj.
... ... Petitioner
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Education Officer, Baikunthpur, P.O. and P.S.- Baikunthpur,
District- Gopalganj.
5. The Headmaster, New Primary School, Mangalpur Dhobi Tola, Block-
Baikunthpur, District- Gopalganj.
6. The Panchayat Secretary, Gram Panchayat Raj, Ajbi Nagar, Block-
Baikunthpur, District- Gopalganj.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate
: Mr. Prashant Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (27)
: Mr. Umesh Narayan Dubey, AC to GP-27
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 05-02-2026 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 the present stage itself.
3. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
“That, this writ petition is for
issuance of an appropriate writ/
Patna High Court CWJC No.1819 of 2026(2) dt.05-02-2026
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writs in nature of MANDAMUS
for commanding and directing
the concern authorities
regarding payment of wages/
salary from the date of joining
i.e., from 20.04.2015 to till date
to petitioner for his continuous
work against the respective post,
which remains unpaid arbitrarily
and unreasonably even ignoring
the different orders/
communications passed by
authorities themselves to not
withhold the payment as well as
the rights of individuals under
Article 23 of Constitution of
India and the further prayer for
payment of interest on delayed
payments in addition to litigating
cost also for unnecessary
harassment and for the other
necessary relief relief's on the
basis of the facts and
circumstances of the case as
stated hereinafter.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief,
the petitioner has already filed representations before the
District Education Officer, Gopalganj dated 06.01.2026 and also
Patna High Court CWJC No.1819 of 2026(2) dt.05-02-2026
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before the District Programme Officer (Establishment),
Gopalganj on the the same date which continue to be pending.
Learned counsel for the petitioner submits that the petitioner
would be satisfied if an appropriate direction could be issued to
the District Education Officer, Gopalganj and District
Programme Officer (Establishment), Gopalganj to dispose of his
representations within a fixed time frame after giving an
opportunity of hearing to the petitioner.
5. To the aforesaid submission made by learned
counsel for the petitioner, the learned counsel for the
Respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by the learned counsel for the petitioner, this writ
application is disposed of directing the District Education
Officer, Gopalganj and the District Programme Officer
(Establishment), Gopalganj to dispose of the pending
representations of the petitioner within a period of six months
from the date of receipt/production of a copy of this order after
giving an opportunity of hearing to the petitioner. Needless to
emphasize that the final order which shall be passed by the
District Education Officer, Gopalganj and District Programme
Officer (Establishment), Gopalganj should be a reasoned and
Patna High Court CWJC No.1819 of 2026(2) dt.05-02-2026
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speaking order. It is further made clear that in case the petitioner
is found entitled to the relief which the petitioner is claiming
through the representations then the same should 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, Gopalganj and the District Programme Officer
(Establishment), Gopalganj.
7. With the aforesaid observation and directions, the
present writ application is disposed of. All pending Interlocutory
Applications, if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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