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Patna High Court

Mukesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the final order of the District Appellate Authority must be complied with and directed the appropriate authority to process the petitioners' salary claims.

Summary

Petitioners Mukesh Kumar Singh and Sangeeta Kumari Singh filed a writ petition seeking payment of their salaries and arrears, alleging that an order of the District Appellate Authority dated 04.12.2019, which had attained finality, had not been implemented. The petitioners contended that no appeal was filed against that order, and therefore the State authorities were bound to comply, failing which departmental misconduct proceedings could arise. The State counsel did not dispute the finality of the appellate order and agreed that compliance was required. The Court directed the petitioners to file a representation before the District Programme Officer (Establishment) within four weeks, and ordered that the officer decide the claim within six weeks and ensure full payment of the entitled salary after verification. Accordingly, the writ application was disposed of with these directions.

Issues considered

  • Whether the order of the District Appellate Authority dated 04.12.2019, having attained finality, is binding on the State authorities for payment of salary and arrears.
  • Whether the petitioners are entitled to relief in the form of salary payment pending compliance with the appellate order.

Subjects

  • salary payment
  • arrears of salary
  • government employees
  • writ jurisdiction
  • compliance with appellate order
  • departmental misconduct
  • representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2414 of 2026
                 ======================================================
           1.     Mukesh Kumar Singh S/o Ramakant Singh, R/o Village and P.O.- Sinhanshi,
                  P.S.- Ramgadhwa, Distt.- East Champaran.
           2.    Sangeeta Kumari Singh, D/o Dinesh Chandra Singh, R/o Village- Chikni,
                 P.O.- Jokiyari, P.S. - Raxaul, Distt.- East Champaran.

                                                                             ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar Through the Additional Chief Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.    The Director, Primary Education, Government of Bihar, Patna.
           3.    The District Magistrate, East Champaran, Motihari.
           4.    The District Education Officer, East Champaran, Motihari.
           5.    District Programme Officer (Establishment), East Champaran, Motihari.
           6.    The Block Education Officer, Raxaul, District East Champaran, Motihari.
           7.    The Panchayat Teacher Employment Unit, Gram Panchayat, Jokiyari, Block
                 - Raxaul, Distt.- East Champaran, through its Secretary.
           8.    The Secretary, Panchayat Teacher Employment Unit, Gram Panchayat,
                 Jokiyari.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Dhananjay Kumar, Advocate
                 For the Respondent/s   :     Mr. Madhaw Pd. Yadaw, GP 23
                                              Mr. Arvind Kumar, AC to GP 23
                 ======================================================
                 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) To direct the respondents to make
                                  payment of salary to the petitioners as they are
                                  discharging his duty regularly, absentee of both the
                                  petitioners are being sent but payments have not
                                  been made.
Patna High Court CWJC No.2414 of 2026(2) dt.12-02-2026
                                            2/3




                                      (ii) For directing the respondents to
                          make payment of arrear of salary from July, 2011
                          till the start of making current salary by them.
                                      (iii) For any other relief(s) to which they
                          are found entitled to.


                          3. Learned counsel for the petitioners, referring to

          the order passed by the District Appellate Authority, East

          Champaran submits that the grievances of the petitioners have

          already been adjudicated and appropriate directions with regard

          to their appointment and payment of salary were issued vide

          Memo No. 203 dated 04.12.2019. It is submitted that despite the

          said order having attained finality, the dues have not been paid

          till date. No appeal has been preferred by the State authorities or

          by any person aggrieved by the order passed by the District

          Appellate Authority. It is further submitted that the Additional

          Chief Secretary has also issued directions clarifying that if any

          authority is aggrieved by the order passed by the Appellate

          Authority, the appropriate statutory remedy of appeal must be

          availed. In the absence of any such appeal, the order is required

          to be complied with, failing which the concerned officials would

          face departmental proceedings for misconduct on account of

          non-compliance of the statutory order of the Appellate

          Authority, the reference of such order may be made from the

          Memo No.580 dated 11.03.2019.
           Patna High Court CWJC No.2414 of 2026(2) dt.12-02-2026
                                                       3/3




                                     4. At this stage, the learned counsel for the State is

                     not in a position to controvert the statement of the learned

                     counsel for the petitioners and submits that if the order has

                     attained finality, the same needs to be complied with.

                                     5. Considering the submissions of the parties, the

                     petitioners are directed to file a representation before the

                     District Programme Officer (Establishment), East Champaran,

                     within a period of four weeks from today. Upon receipt of such

                     representation, the District Programme Officer (Establishment),

                     East Champaran, shall consider and decide the claim of the

                     petitioners within a period of six weeks from the date of receipt

                     of the representation, strictly in consonance with the letter

                     issued by the Additional Chief Secretary, Education Department,

                     Patna, as contained in Memo No.580 dated 11.03.2019.. The

                     entire salary to which the petitioners are found entitled, after

                     due verification of the records regarding the duties discharged

                     by them, shall be paid within the same period.

                                     6. With the aforesaid observations and directions,

                     the writ applications stands disposed of.



                                                             (Ajit Kumar, J)
shikha/-

U


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