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Patna High Court

Upendra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to issue a mandamus and instead directed the petitioners to make a fresh representation, disposing the writ petition.

Summary

The petitioners, five individuals employed in various Gram Panchayats of Nalanda district, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay their pending deputation allowances. They claimed to have previously submitted representations to the concerned authorities, which were attached as annexures. The Court noted that the petitioners had indeed raised their grievances administratively but had not obtained a final decision. In the interest of justice, the Court ordered the petitioners to file a fresh representation before the competent authority within two weeks. The respondents were directed to dispose of the fresh representation by a speaking order within four weeks and communicate the outcome to the petitioners. Accordingly, the writ petition was disposed without granting the mandamus.

Issues considered

  • Whether a writ of mandamus can be issued to compel the payment of deputation allowance to the petitioners
  • Whether the petitioners have exhausted the administrative remedy before approaching the court

Subjects

  • writ petition
  • mandamus
  • deputation allowance
  • administrative remedy
  • Panchayat Raj
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20753 of 2025
                 ======================================================
           1.     Upendra Prasad Son of Ram Siddheshwar Prasad, Resident of Villaghe
                  Kusurita, Police Station- Hilsa in the District of Nalanda.
           2.    Sanjay Kumar Singh, Son of Late Ram Chandra Singh, Resident of Village-
                 Hilsa, P.S.- Hilsa in the District of Nalanda.
           3.    Anil Kumar, Son of Arjun Singh, Resident of Village- Suda Bazar, P.S.-
                 Hilsa in the District of Nalanda.
           4.    Vinay Kumar, Son of Shivjee Singh, Resident of Village- Hilsa, P.S.- Hilsa
                 in the District of Nalanda.
           5.    Asha Kumari Arya, Wife of Hari Chandra Das, Resident of Village- Hilsa,
                 P.S.- Hilsa in the District of Nalanda.

                                                                              ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Panchayat Raj
                 Department, Government of Bihar, Patna.
           2.    The Director, Panchayat Raj Department, Government of Bihar, Patna.
           3.    The District Magistrate, Nalanda, Bihar Sharif.
           4.    The District Panchayat Raj Officer, Nalanda, Bihar Sharif.
           5.    That Block Development Officer, Hilsa, Nalanda.
           6.    The Block Panchayat Officer Raj Officer, Hilsa District- Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Braj Nandan Kumar Tiwary, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (03)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   30-01-2026                 Heard the parties.

                               2. The petitioners have filed the present writ petition

                   for following relief(s):-

                                            “That this Writ petition is for issuance of
                                  a Writ in the nature of mandamus directing the
                                  respondents to make payment of deputation
                                  allowance from they were worked in different
                                  Gram Panchayat which is still not paid to the
                                  petitioners.”
          Patna High Court CWJC No.20753 of 2025(2) dt.30-01-2026
                                                     2/2




                                3. It appears that the petitioners have raised their

                    grievances by way of filing representation before the concerned

                    authorities, which have been annexed with this writ petition vide

                    Annexure- 2 series.

                                4. In the interest of justice, it is directed that a fresh

                    representation be filed by the petitioners before the competent

                    authority within a period of two weeks from today.

                                5. The concerned authorities are directed to dispose

                    the representations by speaking order within four weeks from

                    the date of receipt thereof and communicate to the petitioners.

                                6. Accordingly, the writ petition is disposed of in the

                    aforesaid terms.



                                              (Praveen Kumar, J)
Pawan/-

U


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