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Patna High Court

Saroj Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the District Education Officer must dispose of the petitioner's pending representation within three months of receipt of this order, after granting a hearing, and if the petitioner is entitled to relief, the officer must grant it within a further three months.

Summary

The petitioner, a Panchayat Teacher, filed a writ petition alleging that the education authorities had unlawfully withheld his salary from January 2024 onward, violating his constitutional rights under Articles 21 and 23. He relied on a representation dated 20‑08‑2025 submitted to the District Education Officer and on a directive from the Additional Chief Secretary, Education Department, to release payments. The petition sought numerous reliefs, including a declaration of illegal salary denial and directions to pay arrears. The respondents did not contest the limited prayer for disposal of the pending representation. The High Court, with the parties' consent, ordered the District Education Officer to dispose of the representation within three months after hearing the petitioner and, if relief is warranted, to grant it within a further three months.

Issues considered

  • Whether the education authorities erred in withholding the petitioner's salary from January 2024 onward.
  • Whether the directive of the Additional Chief Secretary, Education Department, mandating payment of salaries is binding on the district authorities.
  • Whether the non‑payment of salary violates the petitioner's fundamental rights under Articles 21 and 23 of the Constitution.
  • Whether the authorities acted arbitrarily, mala fide, or in abuse of power in denying salary.
  • Whether the pending representation filed on 20‑08‑2025 should be disposed of within a fixed time frame after hearing.

Subjects

  • salary non‑payment
  • service law
  • fundamental rights
  • Article 21
  • Article 23
  • writ jurisdiction
  • administrative law
  • arbitrary action
  • employment grievance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2984 of 2026
                 ======================================================
                 Saroj Kumar Singh Son of Prabhunath Singh, Resident of Village-
                 Dharambari, P.O.- Dharambari, P.S. and District- Gopalganj, Presently
                 working as Panchayat Teacher at New Primary School, Chak Pahar, Harijan
                 Toli, Block-Baikunthpur, Gopalganj.


                                                                           ... ... Petitioner/s
                                                   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, Baikunthpur, P.O. and P.S.- Baikunthpur,
                 District- Gopalganj.
           5.    The Headmaster, New Primary School, Chak Pahar, Harijan Toli, Block and
                 P.S.- Baikunthpur, District-Gopalganj.
           6.    The Panchayat Secretary, Gram Panchayat Raj, Bakhari, Block and P.S.-
                 Baikunthpur, District-Gopalganj.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Bipin Bihari Singh, Adv.
                                                Mr.Prashant Kumar, Adv.
                 For the Respondent/s    :      Mr.Standing Counsel (22)
                 For the State           :      Mr.Raghwendra Kumar, SC-22
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   16-03-2026                      Heard learned counsel for the petitioner and learned

                   counsel appearing for the respondent-State.

                                 2. With the consent of the parties, this writ application

                   is being disposed of at this stage itself.

                                 3. In the present writ application, the petitioner has

                   prayed for the grant of following reliefs:

                                              “(i) Whether the respondent authorities
Patna High Court CWJC No.2984 of 2026(2) dt.16-03-2026
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                          had committed serious error of record while
                          withholding the payment of salary of petitioner
                          from January, 2024 to till date against his
                          continuous work in absence of reasonable/ valid
                          reasons?
                                     (ii) Whether the authorities had failed to
                          appreciate that the Additional Chief Secretary,
                          Education Department, Govt. of Bihar referring
                          the order of Human Rights Commission had
                          directed the authorities for not to stop the
                          payments usually or without adverse but they
                          denied maliciously?
                                     (iii) Whether the authorities had failed to
                          appreciate that taking work and denying salary is
                          exploitation/ Beggar, which violates the mandate of
                          Article 23 of the Constitution of India?
                                     (iv) Whether the authorities had failed
                          to appreciate that the non-payment of salary for
                          working period is suffered from voice of
                          discriminations as identical persons/ employees
                          are receiving their salary against respective post
                          but he was denied maliciously and unreasonably?
                                     (v) Whether the authorities had failed to
                          appreciate that the payment of arrear and current
                          salary is no longer a bounty, which dependent
                          upon pleasure of concern authorities rather it is in
                          ambit of 'Right of Property', which are the
                          constitutional rights and no one can permitted to
                          escape from responsibilities caste upon them?
                                     (vi) Whether the respondent authorities
                          had failed to appreciate that the Additional Chief
                          Secretary, Education Department, who is highest in
                          the hierarchy of administration within department
                          had specifically and categorically directed the
                          District authorities within State for non-denial of
                          payments for working periods consequently the
                          authorities must oblige to release the payments
                          against the works executed without if and but?
                                     (vii) Whether the authorities had failed
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                          to appreciate that withholding or denial of salary
                          is worse than suspension for reasons that even in
                          case of suspension concern employee provided
                          subsistence allowances for survival of family as
                          non-payment of salary to an employee amounts to
                          depriving him of his livelihood and such person
                          cannot be allowed to starve at the hands of the
                          authorities without any justified reason?
                                    (viii) Whether the respondent authorities
                          had failed to appreciate that non-payment of salary
                          is against the statutory provisions, constitutional
                          obligations and provisions of service jurisprudence
                          for which they are not suppose rather bound to
                          obliged provisions in later and spirits or it was
                          meant for in larger interest?
                                    (ix) Whether the respondents had failed
                          to appreciate that salary is essential for survival
                          and payment of salary to the employees is only to
                          eke out their livelihood during their service. If
                          whole or part of the salary is deferred, it amounts
                          to denial of right to life guaranteed under Article
                          21 of the Constitution of India?
                                    (x) Whether actions of the respondents
                          are malafide, arbitrary and without jurisdiction as
                          well as abuse of power and authority due to wrong
                          and ulterior motive?
                                    (xi) Whether the actions of the
                          respondent are otherwise bad in law and facts,
                          which called upon necessary legal interference?”

                      4. After advancing some argument, learned counsel

          for the petitioner submits that for seeking the aforesaid reliefs,

          the petitioner has filed a representation dated 20.08.2025 which

          has been brought on record by way of Annexure- P/2 series

          before the District Education Officer, Gopalganj. He further
Patna High Court CWJC No.2984 of 2026(2) dt.16-03-2026
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          submits that the petitioner would be satisfied if an appropriate

          direction be issued to the District Education Officer, Gopalganj

          to dispose of the pending representation of the petitioner within

          fixed time frame after giving liberty of hearing to the petitioner.

                      5. The aforesaid submission made by learned counsel

          for the petitioner is not objected to by the learned counsel

          appearing for the respondent-State.

                      6. Considering the limited nature of prayer made by

          learned counsel for the petitioner, this writ application is

          disposed of directing the District Education Officer, Gopalganj

          to dispose of the pending representation filed by the petitioner

          dated 20.08.2025 within three months from the date of receipt /

          production of a copy of this order, after giving liberty of hearing

          to the petitioner.

                      7. Needless to emphasize that the final order which

          shall be passed by the District Education Officer, Gopalganj

          should be a reasoned and speaking order. It is further made clear

          that if the petitioner is found entitled to the relief which the

          petitioner has claimed through the representation, then 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 Education Officer, Gopalganj.
           Patna High Court CWJC No.2984 of 2026(2) dt.16-03-2026
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                                 8. With the aforesaid observation/direction and liberty

                     granted, this writ application is disposed of. All pending

                     interlocutory application(s), if any, shall also be deemed to have

                     been disposed of.


                                             (Alok Kumar Sinha, J)

kundan/-

U


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