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Patna High Court

Jai Prakash NarayanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation before the District (Ayush) Indigenous Medical Officer, Patna, and declined to grant a direct payment order.

Summary

The petitioner, an Ayurvedic Medical Officer appointed in 1996 and posted in July 2023, retired on 31 January 2026 and claimed that his salary and leave arrears for several periods in 2022‑2023 remained unpaid despite a confirming letter from the District (Ayush) Indigenous Medical Officer, Nalanda. He filed a writ petition seeking direction to the respondents – various officials of the Bihar Health (Ayush) Department – to pay the outstanding amounts and to take legal action against them. The respondents contended that the appropriate remedy was a representation before the District (Ayush) Indigenous Medical Officer, Patna, rather than a direct court order. After hearing both sides, the Court held that the petition could not be disposed of by a direct payment order and directed the petitioner to file a fresh representation within four weeks. The Court further ordered that the representation, once filed, be decided within six weeks and any payable amounts be released within two months of that decision. Consequently, the writ application was disposed of with these directions.

Issues considered

  • Whether the petitioner is entitled to payment of salary and leave arrears for the periods claimed despite his retirement.
  • Whether the High Court can directly order payment of the arrears or must first require the petitioner to pursue administrative representation.

Subjects

  • salary arrears
  • leave arrears
  • public servant
  • Ayush
  • writ jurisdiction
  • administrative representation
  • employment law
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2094 of 2026
                 ======================================================
                 Jai Prakash Narayan, Son of Late Raghunath Prasad, Resident of Kisan
                 Colony, Phase No. II, House No. K2/58, P.S - Phulwari Shariff, Distt.- Patna,
                 Presently posted as Ayurvedic Medical Officer, State Ayurvedic Dispensary,
                 Panal, Patna.
                                                                          ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Principal Secretary, Health Department
                 (Ayush) Govt. of Bihar Patna.
           2.    Principal Secretary, Health Department (Ayush) Govt. of Bihar Patna.
           3.    Additional Chief Secretary, Finance Department, Government of Bihar,
                 Patna.
           4.    Additional Chief Secretary, Cum Chairman, State Ayush Society, Govt. of
                 Bihar, Patna.
           5.    Special Secretary, Ayush Department, Health Department, Third Floor,
                 Vikash Bhawan, New Secretariat, Govt. of Bihar Patna.
           6.    District (Ayush) Indigenous Medical Officer, Nalanda, Bihar Shariff.
           7.    District Treasury Officer, Patna.
           8.    District (Ayush) Indigenous Medical Officer, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjai Kumar Singh, Advocate
                                                  Mr. Jyoti Ranjan Jha, Advocate
                 For the Respondent/s     :       Mr. Swapnil Kumar Singh, AC to GP-9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                 2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                  “I. For Commanding and Directing
                                        the Respondents to ensure payment of salary of
                                        Petitioner with its arrear for the period between
                                        9.2.2022 to 12.2.2022, 18.3.2022 to 31.3.2022,
                                        1.12.2022 to 10.12.2022 and also payment of
Patna High Court CWJC No.2094 of 2026(2) dt.10-02-2026
                                            2/3




                             medical leave for the period between 12.6.2023
                             to 30.6.2023.
                                         II.      For    also   commanding   and
                             directing the Respondents to ensure payment of
                             earned leave alongwith salary of July 2023.
                                         III. For, taking proper legal action
                             against the Respondents, for depriving the
                             Petitioner from his salary, compelling him to
                             face monetary crunch, without any rhyme and
                             reason.
                                         IV. for any other relief(s) for which
                             the Petitioner is found entitled in the eye of law.”

                      3. The case of the petitioner in brief is that the

          petitioner was appointed as Ayush Medical Officer on 1.1.1996

          and was posted in the State Ayurvedic Dispensary, Panal, Patna

          in July, 2023. The petitioner retired from service on 31.1.2026.

                      4. It is submitted by learned counsel for the petitioner

          that inspite of the petitioner not having been paid his salary for

          the period as stated in the prayer portion quoted herein above

          and the same having been confirmed by the District (Ayush)

          Indigenous Medical Officer, Nalanda (respondent no.6) by his

          letter dated 17.1.2023 (Annexure P-3) addressed to the District

          (Ayush) Indigenous Medical Officer, Patna, the amounts still

          remain due and as such the writ application.

                      5. Having heard learned counsel for the parties and

          having perused the contents of the petition, the instant writ
            Patna High Court CWJC No.2094 of 2026(2) dt.10-02-2026
                                                        3/3




                      application is disposed of directing the petitioner to file a fresh

                      representation before the District (Ayush) Indigenous Medical

                      Officer, Patna (respondent no.8) within a period of four weeks

                      for the reliefs as prayed for herein as also for the subsisting

                      grievances.

                                  6. In case such a representation is filed, the same shall

                      be decided by the respondent concerned within a period of six

                      weeks from the date of its filing and the amounts found payable

                      to the petitioner shall be paid by the respondent no.8 as also by

                      the other respondent authorities within a period of two months

                      from the date of disposal of the representation.

                                  7. The writ application stands disposed of with the

                      above observations and directions.



                                                           (Partha Sarthy, J)
avinash/-

U


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