Patna High Court
Saroj DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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
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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
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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/-
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