Patna High Court
Madhu RaushanversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Programme Officer (Establishment), Begusarai to dispose of the petitioner’s pending representation within three months, thereby granting the limited mandamus sought.
Summary
Madhu Raushan, a government school teacher, filed a writ petition seeking a mandamus directing the Head Master of Hasanpur Middle School to accept her transfer effective 27‑01‑2014, relieve her from the present posting, and pay her salary arrears. She had earlier submitted a representation to the District Programme Officer (Establishment), Begusarai on 25‑11‑2014, which remained pending. The petitioner’s counsel requested the court to order the District Programme Officer to dispose of the representation within a fixed period after hearing. The State’s counsel raised no objection to the limited prayer. The Court, noting the narrow relief sought, directed the District Programme Officer to dispose of the pending representation within three months of receipt of the order, after giving the petitioner a hearing, and to pass a reasoned final order extending any relief to the petitioner within three months thereafter. The writ application was consequently disposed of with these directions.
Issues considered
- Whether a writ of mandamus can be issued to compel the Head Master to accept the petitioner’s transfer and relieve her from her posting.
- Whether the authority must pay the petitioner’s salary arrears pending the transfer.
- Whether the District Programme Officer should be directed to dispose of the petitioner’s pending representation within a stipulated time.
Subjects
- mandamus
- government employee transfer
- salary arrears
- writ jurisdiction
- administrative law
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22313 of 2014
======================================================
Madhu Raushan W/o Ghanshyam Murari Resident of village- Baghi Shanti
Sah Chowk, P.S. - Nagar Town, Begusarai District- Begusarai.
... ... Petitioner
Versus
1. The State of Bihar
2. The Director , Primary Education ,Department of Education Vikash
Bhawan , Patna.
3. The District Education Officer, Begusarai.
4. The Distirct Programme Officer Establishment, Begusarai.
5. The Block Education Officer, Baliya, District- Begusarai.
6. The Incharge Head Master, Middle School, Hasanpur, Block Baliya,
District- Begusarai.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Singh, Advocate
: Mr. Bishnu Kant Dubey, Advocate
For the Respondent/s : Mr. Rajeshwar Singh, GA-10
: Mr. Jitendra Kumar, AC to GA-10
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
6 12-01-2026 Heard learned counsel for the petitioner and learned
counsel for the Respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at the present stage itself.
3. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
“That this is an application for
issuance of a writ in the nature of
mandamus directing and
commanding the respondents
particularly respondent Head
Patna High Court CWJC No.22313 of 2014(6) dt.12-01-2026
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Master, Middle School,
Hasanpur to accept the joining
of the petitioner w.e.f.
27.01.2014 and thereafter relieve
the petitioner for joining in
transferred school i.e. middle
school Matun Roi under the
Block Shahepur Kamal since by
the order dated 31.12.2013 the
petitioner has been transferred
but despite her repeated request
is not being relieved as also to
make payment of salary from the
month of January, 2013 which is
not being paid without any
rhyme and reason and/or for
issuance of order/orders, a
writ/writs, for
direction/directions which the
petitioner may be found legally
entitled to under the facts and
circumstances stated here-in-
under.”
4. Learned counsel for the petitioner submits that for
claiming the aforesaid relief, long back the petitioner had filed a
representation before the Distirct Programme Officer
Establishment, Begusarai (Respondent No. 4) dated 25.11.2014
(Annexure-10) and the same continues to be pending. Learned
counsel for the petitioner submits that the petitioner would be
Patna High Court CWJC No.22313 of 2014(6) dt.12-01-2026
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satisfied if an appropriate direction could be issued to the
Distirct Programme Officer Establishment, Begusarai
(Respondent No. 4) to dispose of his representation on merit
within a fixed time frame after giving an opportunity of hearing
to the petitioner.
5. To this prayer being made by the learned counsel
for the petitioner, the learned counsel for the Respondent-State
does not have any objection.
6. Considering the limited nature of prayer being
made by the learned counsel for the petitioner, this writ
application is disposed of directing the Distirct Programme
Officer Establishment, Begusarai (Respondent No. 4) to dispose
of the pending representation of the petitioner dated 25.11.2014
(Annexure-10) within a period of three months from the date of
receipt/production of a copy of this order after giving an
opportunity of hearing to the petitioner. Needless to emphasize
that the final order which shall be passed by the Distirct
Programme Officer Establishment, Begusarai (Respondent No.
4) should be a reasoned and speaking order. It is further made
clear that in case the petitioner is found entilted to the relief
which the petitioner would be claiming through the
representation then the same should be extended to the
Patna High Court CWJC No.22313 of 2014(6) dt.12-01-2026
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petitioner within three months from the date of passing of the
final order by the authority concerned.
7. With the aforesaid observation and direction, the
present writ application is disposed of. All pending Interlocutory
Applications, if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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