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Patna High Court

Ashok Kumar VicharakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the respondent authority must correct the petitioner’s designation on the e‑Shikshakosh portal and direct payment of his salary after due representation.

Summary

The petitioner, a headmaster, filed a writ petition seeking payment of salary arrears and correction of his designation on the e‑Shikshakosh portal, which erroneously listed him as an Assistant Teacher after a transfer. He alleged that despite performing duties, his salary was not paid and the wrong designation affected his posting. The State argued that the matter should be decided on its merits after verification of records. The court directed the District Education Officer to examine the petitioner’s representation, correct the designation, and ensure salary payment within specified time‑frames. The petitioner must file a representation within four weeks, and the officer must act within eight weeks. The writ application was consequently disposed of.

Issues considered

  • Whether the petitioner is entitled to payment of salary arrears and current salary.
  • Whether the erroneous designation on the e‑Shikshakosh portal must be corrected to reflect the petitioner’s position as Headmaster.

Subjects

  • salary arrears
  • designation correction
  • public service employee
  • education department
  • e‑Shikshakosh portal
  • writ jurisdiction
  • government employee rights

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2345 of 2026
                 ======================================================
                 Ashok Kumar Vicharak Son of Moti Lal Singh, Resident of Village-
                 Imamganj, PO- Bel, P.S.- Obra, District-Aurangabad, and presently working
                 as Headmaster in Urdu Middle School Nabinagar, Block- Nagar Prakhand,
                 Gaya Ji, District- Gaya (Gaya Ji).

                                                                            ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Government of
                 Bihar, Patna.
           3.    The Director, Secondary Education, Government of Bihar, Patna.
           4.    The District Magistrate, Gaya Ji.
           5.    The District Education Officer, Gaya Ji.
           6.    The District Programme Officer (Establishment), Gaya Ji.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rama Kant Singh
                 For the Respondent/s   :      Mr. Vivek Prasad, GP-7
                                               Mrs. Manisha Singh, AC to GP-27
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The instant writ application has been filed for the

                   following reliefs:-

                                            (i) For a direction to the respondent
                                  authority to give the dues arrears of salary to the
                                  petitioner as well as payment of current salary
                                  month to month basis.
                                            (ii) For a direction to the respondent
                                  authority to correct the designation of the
                                  petitioner as Headmaster in place of Assistant
                                  Teacher which has been wrongly mentioned at the
                                  time of transfer of the petitioner on e-shikshakosh
Patna High Court CWJC No.2345 of 2026(2) dt.12-02-2026
                                            2/3




                          portal and after correcting the same, the petitioner
                          may be posted in another school where post of
                          headmaster is vacant.
                                    (iii) For any other relief(s) to which the
                          petitioner is found entitled to in the facts and
                          circumstances of the case.


                      3. Learned counsel for the petitioner submits that

          pursuant to the transfer effected as per the options exercised on

          the e-Shikshakosh portal, the petitioner has been discharging his

          duties from the date of his joining; however, for no apparent

          reason, his salary has not been paid. It is further submitted that

          the petitioner has filed a representation detailing the services

          rendered by him as well as his entitlement, which has been

          appended as Annexure-5 series.

                      4. It is next submitted that, due to inadvertence, a

          wrong entry was made on the e-Shikshakosh portal, wherein the

          petitioner’s designation has been recorded as “Assistant

          Teacher” instead of “Headmaster,” which requires appropriate

          correction in terms of the appointment letter issued in his

          favour.

                      5. On the other hand, learned counsel for the State

          submits that the matter may be directed to be decided on its own

          merits after verification of the records with regard to the duties

          discharged by the petitioner.
           Patna High Court CWJC No.2345 of 2026(2) dt.12-02-2026
                                                       3/3




                                 6. Considering the submissions of the parties, both

                     issues are directed to be adjudicated by the District Education

                     Officer, Gaya Ji/Respondent No. 5, who shall issue appropriate

                     directions for making necessary corrections on the e-

                     Shikshakosh portal with regard to the petitioner’s designation,

                     as well as for payment of his salary, for which the petitioner

                     shall file a representation within a period of four weeks from

                     today.

                                 7. It is made clear that the entire exercise shall be

                     carried out by the District Education Officer, Gaya Ji, within a

                     period of eight weeks from the date of receipt of the

                     representation.

                                 8. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                             (Ajit Kumar, J)

shikha/-

U


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