Patna High Court
Gul MohammadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the writ petition should be dismissed and the petitioner must first pursue the administrative remedy before the Circle Officer.
Summary
The petitioner, Gul Mohammad, a driver employed in the Buxar Block Office since August 2014, claimed that his wages for the period August 2014 to May 2020 (57 months) remained unpaid despite repeated representations. He filed a writ petition seeking a mandamus directing the State of Bihar and the Circle Officer to pay the outstanding salary with interest. The Court observed that issuing a writ at this stage would not serve any purpose because the petitioner had not exhausted the statutory administrative remedy. Accordingly, the Court directed the petitioner to file a detailed representation before the Circle Officer within four weeks. The Circle Officer was instructed to decide the representation within two months, pay any amount due, or issue a reasoned order if the claim is rejected. The writ application was therefore disposed of with these directions.
Issues considered
- What is the appropriate remedy for an employee seeking payment of pending wages: a writ of mandamus or the administrative grievance mechanism?
- Whether the petitioner has exhausted the statutory administrative remedy before approaching the High Court for a writ.
Subjects
- writ of mandamus
- payment of wages
- administrative remedy
- civil writ jurisdiction
- employment
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20210 of 2025
======================================================
Gul Mohammad Son of Late Hanif Miya, Resident of Village- Nayee Bazar
Buxar (Shahi Muhalla), P.S- Buxar (Town), District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate Buxar, District Buxar.
2. Circle Officer, Buxar Circle Office, District Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate
For the State : Mr. Kinkar Kumar, S.C.-9
Mr. Shashank Shekhar Dubey, A.C. to S.C.-9
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant writ application
for the following relief(s):
“i. For issuance of an appropriate writ in
the nature of mandamus directing the respondent
authorities to pay the Dues monthly wages (Salary) of
the petitioner with proper interest who was working in
the Block Office Buxar as a driver of vehicle (Tata
Sumo) vide Reg. No. BR44P-0014 since 14.08.2014 to
20.7.2023 continuous but his wage of August 2014 to
May 2020 (about 57 months) is due and in spite of
giving representation uptill now he was not given his
wages.
ii. To grant any other relief/reliefs to which
the petitioner may be found entitled to in the facts and
circumstances of the case.”
Patna High Court CWJC No.20210 of 2025(2) dt.20-01-2026
2/2
3. In view of the nature of relief sought for by the
petitioner, the Court is of the opinion that no purpose will be
served by keeping the writ application pending.
4. Let the petitioner file a detailed representation
before the Circle Officer, Buxar Circle Office, District Buxar
(respondent no.2) within a period of four weeks with respect to
the reliefs prayed for in the instant writ application.
5. In case such a representation is filed, the same shall
be decided by the Circle Officer within a period of two months
from the date of its filing and any amount found payable shall
be paid to the petitioner within the aforesaid period.
6. In case the representation of the petitioner does not
find favour with the Circle Officer, a reasoned order for the
same shall be communicated to the petitioner, also within the
aforesaid period.
7. This writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
Saurabh/-
U
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