Patna High Court
Ajay Kumar Jha AjeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that it would not entertain the merits of the petition and instead directed the petitioner to make a representation before the Director, Agriculture Directorate, who must decide and pay any admitted dues within the stipulated time.
Summary
The petitioner, a Block Agriculture Officer, filed a writ petition seeking a mandamus directing the Agriculture Directorate to pay his salary arrears for the period 8 January 2013 to 4 July 2013, after being exonerated in a departmental proceeding and rejoining service. He alleged that despite his reinstatement, the arrears and consequential benefits had not been paid and his representations received no response. The Court examined the nature of the grievance and, without delving into the merits, ordered the petitioner to file a formal representation before the Director of Agriculture within four weeks. The Court further directed the respondent to decide the representation and pay any admitted dues within two months, or provide a reasoned order if the claim is rejected. Consequently, the writ application was disposed of with these procedural directions.
Issues considered
- Whether the petitioner is entitled to the salary arrears and consequential benefits for the period claimed.
- Whether a writ of mandamus can be issued to compel the Agriculture Directorate to release the arrears.
- Whether the Court should adjudicate the merits of the salary claim or direct administrative redress.
Subjects
- writ petition
- mandamus
- salary arrears
- departmental proceeding
- administrative law
- service law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19947 of 2025
======================================================
Ajay Kumar Jha Ajey S/o Late Dineshwar Jha Resident of House No.- 233,
Road Bhagwanpur, P.S.- Bathnaha, District- Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Darbhanga.
2. The Director, Agriculture Directorate, Department of Agriculture, Patna,
Bihar.
3. The District Agriculture Officer, Darbhanga, Distt.- Darbhanga.
4. The Block Development Officer, Ghanshyampur, P.S.- Ghanshyampur,
Distt.- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
Mr. Subodh Kumar, Advocate
Mr. Surendra Kishore Thakur, Advocate
For the Respondent/s : Mr. Standing Counsel (26)
Mr. Tripurari Nath Ambastha, AC to SC-26
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following relief(s) :
“1. That this writ application is being filed on
behalf of the petitioner above named for issuance
of the writ in the nature of mandamus directing
and commanding to the Respondent Authority to
release/pay the arrears of salary of the Petitioner
from 08.01.2013 to 04.07.2013, with all
consequential benefits and admissible interest
thereon. And for any other appropriate
writ/writs, direction/directions, order/orders as
Patna High Court CWJC No.19947 of 2025(2) dt.09-01-2026
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this Hon'ble Court thinks fit and proper in the
facts and circumstances of this case.”
3. In brief, the case of the petitioner is that while
working as a Block Agriculture Officer in Block- Rahika
District-Madhubani, the petitioner was proceeded against in a
departmental proceeding wherein finally he was exonerated of
all the charges. Pursuant thereto he gave his joining.
4. It is contended by learned counsel for the petitioner
that inspite of having been exonerated and having joined his
service, he has not been paid his salary for the period from
8.1.2013 to 5.7.2013, the date on which he was finally posted.
He has not received any response to the various representations
filed.
5. In view of the nature of grievance raised by the
petitioner herein, the Court intends to dispose of the writ
application with the following directions :-
i. The petitioner shall file a representation before the
Director, Agriculture Directorate, Department of Agriculture,
Patna (respondent no.2) within a period of four weeks for the
grievances raised in the instant application.
ii. The respondent no.2 shall decide the same and pay
the admitted dues to the petitioner within a period of 2 months
Patna High Court CWJC No.19947 of 2025(2) dt.09-01-2026
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from the date of filing of the representation.
iii. In case the representation does not find favour
with the respondent concerned, a reasoned order shall be
communicated to the petitioner at the earliest.
6. It is made clear that the Court has not gone into the
merits of the case of the petitioner which is to be decided by the
respondent concerned.
7. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Shiv/-
U
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