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Patna High Court

KhushbooversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to issue a mandamus and instead directed the petitioner to file a representation, setting timelines for its disposal and subsequent payment if relief is found.

Summary

Khushboo, a Panchayat Teacher employed since February 2016, filed a writ petition seeking a mandamus directing the State of Bihar and various education officials to pay her pending wages, interest, and costs, alleging arbitrary withholding of salary. She contended that the authorities themselves had issued orders not to withhold payment and invoked Article 23 of the Constitution. The petitioner’s counsel proposed filing a detailed representation before the District Programme Officer (Establishment), Gopalganj, and requested the court to direct a timely disposal of that representation. The respondent State raised no objection to this limited prayer. The High Court, with the parties’ consent, disposed of the writ by granting the petitioner liberty to file the representation within one month and directing the officer to decide it within six months, issue a reasoned order, and, if relief is warranted, make payment within three months of the final order.

Issues considered

  • Whether a writ of mandamus can be issued directing payment of pending wages to a government teacher.
  • Whether the petitioner must first pursue administrative remedy by filing a representation before the District Programme Officer.

Subjects

  • wages
  • salary
  • mandamus
  • public servant
  • education department
  • delayed payment
  • interest
  • costs
  • administrative remedy
  • representation
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.263 of 2026
                 ======================================================
                 Khushboo Daughter of Sri Devendra Singh Resident of Village - Bhojpurwa,
                 P.O- Garhmanjha, P.S- Manjha, District- Gopalganj, Presently working as
                 Panchayat Teacher at N.P.S., Rupanchhap, Block- Manjha, District-
                 Gopalganj.

                                                                                  ... ... Petitioner
                                                   Versus
           1.    The State of Bihar through the Director, Primary Education, Govt. of Bihar,
                 New Secretariat, Patna.
           2.    The District Education Officer, Gopalganj.
           3.    The District Programme Officer (Establishment), Gopalganj.
           4.    The Block Education Officer, Manjha, P.O. and P.S.- Manjha, District-
                 Gopalganj.
           5.    The Headmaster, New Primary School, Rupanchhap, Block- Manjha,
                 District- Gopalganj.
           6.    The Panchayat Secretary, Gram Panchayat Raj, Karnpura, Block- Manjha,
                 District- Gopalganj.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Bipin Bihari Singh, Advocate
                                         :     Mr. Prashant Kumar, Advocate
                 For the Respondent/s    :     Mr. Rajeshwar Singh, GP-10
                                         :     Mr. Jitendra Kumar, AC to GP-10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   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 writ petition is for
                                                       issuance of an appropriate writ/
Patna High Court CWJC No.263 of 2026(2) dt.12-01-2026
                                            2/4




                                                  writs in nature of MANDAMUS
                                                  for commanding and directing
                                                  the     concerned        authorities
                                                  regarding payment of wages/
                                                  salary from the date of joining
                                                  i.e., February 2016 to till date to
                                                  petitioner for her continuous
                                                  work against the respective post,
                                                  which remains unpaid arbitrarily
                                                  and unreasonably even ignoring
                                                  the        different           orders/
                                                  communications         passed      by
                                                  authorities themselves to not
                                                  withhold the payment as well as
                                                  the rights of individuals under
                                                  Article 23 of Constitution of
                                                  India and the further prayer for
                                                  payment of interest on delayed
                                                  payments in addition to litigating
                                                  cost    also   for     unnecessary
                                                  harassment and for the other
                                                  necessary relief relief's on the
                                                  basis    of    the     facts      and
                                                  circumstances of the case as
                                                  stated hereinafter.”
                      4. Learned counsel for the petitioner submits that for

          seeking the reliefs as claimed for in the present writ application,

          the petitioner is prepared to file a detailed representation before

          the District Programme Officer (Establishment), Gopalganj
Patna High Court CWJC No.263 of 2026(2) dt.12-01-2026
                                            3/4




          (Respondent No. 3) and he further prays that an appropriate

          direction be issued to the District Programme Officer

          (Establishment), Gopalganj (Respondent No. 3) to dispose of

          the representation of the petitioner 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, 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 granting liberty to the petitioner to

          file a detailed representation before the District Programme

          Officer (Establishment), Gopalganj (Respondent No. 3) within

          one month from today and if such a representation is filed by the

          petitioner, the same shall be disposed of within a further period

          of six months after giving an opportunity of hearing to the

          petitioner. Needless to emphasize that the final order which shall

          be passed by the District Programme Officer (Establishment),

          Gopalganj (Respondent No. 3) 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
          Patna High Court CWJC No.263 of 2026(2) dt.12-01-2026
                                                      4/4




                    extended to the 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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