Patna High Court
Mamta KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Court directed the petitioner to file a representation before the District Programme Officer and disposed of the writ petition.
Summary
The petitioner, Mamta Kumari, was appointed as a Panchayat Teacher by a district authority order and began discharging her duties, but she was not paid any salary for the period of service. She approached various education department officials, including the District Programme Officer, seeking payment of salary and arrears, but no order was issued. The State argued that the petitioner should first avail the statutory remedy before the District Teachers Appellate Authority and not approach the High Court directly. The Court, however, granted the petitioner a two‑week period to file a representation before the District Programme Officer, with a copy to the employing unit, and directed the officer to decide within eight weeks. The Court clarified that if the representation is found in her favour, the petitioner is entitled to the due salary. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioner must first approach the statutory remedy before filing a writ petition in the High Court
- Whether the High Court can direct the filing of a representation before the District Programme Officer in lieu of a writ
- Entitlement of the petitioner to salary and arrears for the period she served as Panchayat Teacher
Subjects
- Panchayat Teacher
- salary arrears
- writ jurisdiction
- alternative statutory remedy
- education department
- employment grievance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2143 of 2026
======================================================
Mamta Kumari D/o Ram Bahadur Sah, Wife of Manish Kumar Gupta,
Resident of village and P.O.- Dharhara, P.S.- Banmankhi, District- Purnea.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Education Deptt, Old
Secretariat, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Primary Education Govt. of Bihar, Patna.
4. The Regional Deputy Director Education, Purnea.
5. The District Programme Officer, Establishment Purnea.
6. The Block Development Officer, Banmankhi Purnea.
7. The Block Education Officer, Banmankhi Purnea.
8. The Mukhiya Gram Panchayat, Raj Dharhara, P.S. and Block - Banmankhi,
Purnea.
9. The Panchayat Secretary, Gram Panchayat Raj Dharahara, P.S. and Block-
Banmankhi, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Singh, Adv.
For the Respondent/s : Mr. Binod Kumar Yadav, SC-18
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 09-02-2026 Heard the parties.
2. Learned Advocate for the petitioner submitted at
the bar that the petitioner was duly appointed as a Panchayat
Teacher, in pursuance to the order passed by the District
Appellate Authority, Purnea as contained in Memo No. 19 dated
27.02.2020, the copy of which is marked as Annexure-P/1.
Despite the fact, the petitioner has submitted her joining and
discharging her duty as a Panchayat Teacher, she has not been
allowed the salary for such period and thus, she approached
Patna High Court CWJC No.2143 of 2026(2) dt.09-02-2026
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before the authorities concerned, including the District
Programme Officer, Establishment, Purnea on 12.10.2020 for
payment of salary and its arrears, but no order has been passed.
3. Learned Advocate for the State submits that the
petitioner has appropriate statutory remedy before the District
Teachers Appellate Authority, however, the petitioner has
invoked the jurisdiction of this Court without availing the
alternative remedy.
4. Considering the submissions advanced by learned
Advocate for the respective parties, this Court instead of
relegating the matter with a liberty to the petitioner to file an
appropriate application before the District Appellate Authority,
extends the liberty to the petitioner to file a representation
before the District Programme Officer, Establishment, Purnea
with the copy of the same to the concerned employment unit,
preferably within a period of two weeks, from today.
5. In case such a representation is filed, the same shall
be considered by the District Programme Officer,
Establishment, Purnea who shall pass appropriate order, within a
further period of eight weeks.
6. It is made clear that in case the claim of the
petitioner finds favour, all her due admissible salary
Patna High Court CWJC No.2143 of 2026(2) dt.09-02-2026
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must be accorded.
7. The writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
U
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