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Patna High Court

Usha Singh,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must file individual representations before the Regional Deputy Director of Education, who shall then verify their service records and, if entitled, order payment of salary within the stipulated time.

Summary

The petitioners, a group of basic teachers, filed a writ application seeking directions for the State of Bihar to settle their pending salary arrears and current salary based on their valid appointments. They alleged that despite discharging their duties, they had not received any remuneration and had previously submitted representations to the Regional Deputy Director of Education, which remained unadjudicated. The State argued that the pending representations should be considered by the same authority. The Court directed the petitioners to file individual representations before the Regional Deputy Director within four weeks, and ordered that, upon verification of service records, the authority decide the claims and issue payment orders within eight weeks. The writ application was consequently disposed of.

Issues considered

  • Whether the petitioners are entitled to payment of arrears and current salary as basic teachers under the applicable service rules.
  • Whether the respondent authorities should be directed to adjudicate the pending representations filed by the petitioners.

Subjects

  • salary arrears
  • basic teachers
  • public service
  • writ jurisdiction
  • administrative law
  • government employees
  • payment of dues

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2512 of 2026
     ======================================================
1.    Usha Singh, daughter of Gorakhnath Singh, resident of Village- Dhupnagar,
      P.O.-Koteyan, P.S.- Jalalpur District-Chapra.
2.   Bachcha Singh, son of Late Ram Awatar Singh, resident of Village and P.O.-
     Naini. District- Chapra.
3.   Baidhanath Singh, son of Late Sahadev Singh, resident of Village Ladhpur,
     P.O.-Bathua Bazar, P.S.- Uchaka Gaon, District- Gopalganj.
4.   Satish Prasad, son of Ram Balak Prasad, resident of Village and P.O.-
     Belasar, P.S.- Barauli, District- Gopalganj.
5.   Devesh Kumar, son of Ram Deo Prasad, resident of Village and P.O.-
     Rampur Kalan, P.S.-Jalalpur, District- Chapra.
6.   Ashok Kumar, son of Jagannath Ram, resident of Village Ratanpur, P.O.
     Chaddy. District- West Champaran.
7.   Om Prakash Singh, son of Durga Shanker Singh, resident of Village and
     Post- Nayida, District- West Champaran.
8.   Bhagya Narayan Singh, son of Binda Singh, resident of Village and P.O.-
     Tapti Patty, Kothawan, District- East Champaran.
9.   Md. Mainuddin, son of Md. Habib, resident of Village- Jamo Tole, P.O. and
     P.S. Jamo, District- Siwan (Bihar).
10. Anil Kumar, son of Krishna Prasad, resident of Village- Arya Nagar (Near
    Sidhi Ghat), P.O.-Sahebganj, P.S.- Town, District- Chapra.
11. Ramakant Singh, son of Late Prayag Singh, resident of Village- Khadhi,
    P.S..- Bhore, District- Gopalganj.
12. Naimuddin Ansari, son of Rojir Ansari, resident of Village and P.O.-
    Hardiya, P.S-Ghorey District- Gopalganj.
13. Manzoor Ansari, son of Md. Hakim Ansari, resident of Village Khajuhan
    Kala, P.O. and P.S. Bijyipur, District- Gopalganj.
14. Rajesh Kumar Dwivedi, son of Dhirendra Kumar Dwivedi, resident of
    Mohan Nagar. Town Thana, District Chappra.
15. Rani Singh, wife of Devesh Kumar, resident of Village and P.O.- Rampur
    Kala, P.S.- Khaira. District- Chapra.
16. Binu Kumari, wife of Chandrashekhar Jha, resident of Village and P.O.-
    Rani Tola Via Birauli, P.S.- Samastipur, District- Samastipur.
17. Suresh Prasad, son of Yamuna Prasad, resident of Village- Bhagwanpur,
    P.O.- Pithauri, District- Gopalganj.
18. Radheyshyam Prasad, son of Sri Shyam Raj, resident of Village P.O.-
    Rampur, P.S.-Bhatni, District- Devariya.
19. Jitendra Kumar Singh, son of Suraj Singh, resident of Village and P.O.-
    Ragho Pali, P.S.. Jago Bazar, District- Siwan.
20. Krishna Kumar Mishra, son of Late Pawan Kumar Mishra, resident of
    Village- Ranipur, P.O.. Kumar Bag, District-West Champaran.
21. Shambhu Ray, son of Prasad Ray, Resident of Village and P.O.- Jaukariya,
    P.S. Majhauliya, District- West Champaran.
22. Ram Prakash Sahu, son of Late Bhatu Sahu, resident of Village Atapur, P.O.-
         Patna High Court CWJC No.2512 of 2026(2) dt.16-02-2026
                                                     2/3




                 Nakuni, P.S.- Hasanpur, District- Muzaffarpur.
           23. Ram Balak Ray, son of Gariv Nandan Yadav, resident of Ward No. 02,
               Sasan, P.S.-Hasanpur, District- Samastipur.
                                                                       ... ... Petitioner/s
                                                  Versus
           1. The State of Bihar through the Additional Chief Secretary, Department of
               Education, Bihar, Patna.
           2.    The Principal Secretary, Department of Education, Bihar, Patna.
           3.    The Director, Primary Education, Bihar, Patna.
           4.    The Regional Deputy Director of Education, Tirhut Division. Muzaffarpur.
           5.    The District Education Officer, West Champaran. Bettiah.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Amit Kumar Anand, Advocate
                 For the Respondent/s    :        Mr. Sunil Kumar Mandal, SC-3
                                                  Mr. Arjun Prasad, AC to SC-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   16-02-2026                     Heard learned counsel for the petitioners and

                   learned counsel for the State.

                               2. The instant writ application has been filed seeking a

                   direction to the respondent authorities to dispose of the several

                   representations submitted by the petitioners for payment of

                   arrears of salary as well as current salary, upon recognition of

                   their respective services rendered over the last several years

                   pursuant to valid letters of appointment.

                               3. Learned counsel for the petitioners submits that the

                   petitioners were engaged as Basic Teachers and, despite having

                   discharged their duties, their salaries have not been paid. It is

                   further submitted that detailed representations have been filed
           Patna High Court CWJC No.2512 of 2026(2) dt.16-02-2026
                                                       3/3




                     before Respondent Nos. 3 and 4, appended as Annexures P/7 to

                     P/14; however, the same have not been adjudicated till date.

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

                     that since representations have already been filed, Respondent

                     No. 4 may be directed to adjudicate the claim of the petitioners

                                 5. Considering the submissions of the parties, the

                     petitioners are directed to file their individual representations

                     before Respondent No. 4 within a period of four weeks from

                     today, along with all supporting materials indicating their

                     respective service profiles and a copy of this order, with

                     reference to the earlier representations. Upon receipt of such

                     representations, Respondent No. 4 is directed to consider and

                     decide the claim of the petitioners. If, upon verification of

                     records, it is found that the petitioners have duly discharged

                     their duties and are otherwise entitled in law, necessary orders

                     for payment of salary shall be passed within a period of eight

                     weeks from the date of receipt of the representations.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                             (Ajit Kumar, J)
shikha/-

U


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