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Patna High Court

Saroj DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application is disposed with liberty granted to the petitioner to file a representation before the District Programme Officer, who must decide the matter within the stipulated timeframes.

Summary

The petitioner, Saroj Devi, a teacher, filed a writ application seeking payment of current salary and arrears with 12% statutory interest, alleging withholding of salary contrary to higher authority orders. She requested the court to direct the District Programme Officer (Establishment), Kaimur, to entertain her representation and decide within a fixed timeframe. The State of Bihar, represented by the Director of Primary Education and other officials, raised no objection to the petitioner's limited prayer. The court, with the parties' consent, disposed of the writ by granting the petitioner liberty to file a representation before the District Programme Officer within one month, and directing that the officer decide the matter within three months after hearing. The court further ordered that any final order by the officer be reasoned and, if favorable, the relief be implemented within three months. All pending interim applications were deemed disposed.

Issues considered

  • What relief, if any, is the petitioner entitled to regarding payment of salary and arrears with interest?

Subjects

  • salary arrears
  • public servant
  • writ jurisdiction
  • procedural direction
  • education department
  • interest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2656 of 2026
                 ======================================================
                 Saroj Devi W/o Late Shashi Kant Yadav, resident of village- Dhanechha, P.O.-
                 Durgawati, P.S.-Durgawati, District - Kaimur at Bhabhua.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Director Primary Education, Govt. of Bihar,
                 Patna.
           2.    The District Education Officer, Kaimur at Bhabhua.
           3.    The District Programme Officer (Establishment), Kaimur at Bhabhua.
           4.    The Block Development Officer, Durgawati, Kaimur.
           5.    The Block Education Officer, Durgawati, Kaimur.
           6.    The Head Master, Upgraded Middle School, Khadasara, Durgawati, Kaimur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Mithilesh Kumar Upadhyay, Advocate
                                                Ms. Tetara Kumari, Advocate
                                                Mr. Raju Prasad, Advocate
                 For the Respondent/s   :       Dr. Md. Raisul Haque, S.C.-10.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   19-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel appearing on behalf of the respondent-State.

                                 2. With consent of the parties, the present writ

                   application is being disposed of at this stage itself.

                                 3. The petitioner in paragraph No.1 of the writ

                   application has prayed for grant of following relief :-

                                        “1. That instant writ application has
                             been filed for direction to the respondents to pay
                             current as well as arrears of salary to the petitioner
                             who is a teacher and is regularly working and it is
                             further prayed that the same may be directed to be
                             paid with statutory interest @ 12% per annum as
                             withholding of the salary is contrary to the order of
Patna High Court CWJC No.2656 of 2026(2) dt.19-02-2026
                                            2/3




                   superior authority and/ or for any other order/
                   orders may be passed in the facts and circumstances
                   of the case.”

                      4. After advancing some argument, learned counsel

          for the petitioner submits that for the aforesaid relief claimed in

          the present writ application, the petitioner is prepared to file

          detail representation before the District Programme Officer,

          (Establishment), Kaimur at Bhabhua (respondent No.3).              He

          accordingly prays that the petitioner would be satisfied if an

          appropriate direction could be issued by this Court to District

          Programme Officer, (Establishment), Kaimur at Bhabhua

          (respondent No.3) to entertain his application and dispose of the

          same after giving an opportunity of hearing to the petitioner

          within a fixed time frame.

                      5. To the aforesaid submissions made by learned

          counsel for the petitioner, learned counsel appearing on behalf

          of the respondent-State do not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          stands disposed of granting liberty to the petitioner to file

          representation       before     the     District   Programme   Officer,

          (Establishment), Kaimur at Bhabhua (respondent No.3) within

          one month from the date of passing of this order and if such
            Patna High Court CWJC No.2656 of 2026(2) dt.19-02-2026
                                                        3/3




                      representation is filed by the petitioner, the same shall be

                      disposed of by the District Programme Officer, (Establishment),

                      Kaimur at Bhabhua (respondent No.3) within a maximum

                      period of three months from the date of filing of the

                      representation after giving an opportunity of hearing to the

                      petitioner.

                                    7. Needless to emphasize that the final order which

                      shall    be     passed     by    the    District   Programme    Officer,

                      (Establishment), Kaimur at Bhabhua (respondent No.3) should

                      be reasoned and speaking order. It is further made clear that in

                      case the petitioner is found entitled to the relief which the

                      petitioner would be claiming in the representation, the same

                      should be extended to the petitioner within a further period of

                      three months from the date of passing of the final order by the

                      District Programme Officer, (Establishment), Kaimur at

                      Bhabhua (respondent No.3).

                                    8. With the aforesaid observation/direction and liberty

                      granted, the present writ application stands disposed of.

                                    9. All pending I.A.s, if any, is deemed to have been

                      disposed of.


                                                                     (Alok Kumar Sinha, J)
sanjeev/-
U


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