Patna High Court
Raushan Kumar @ Roushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner must first file a representation before the District Panchayat Raj Officer, who must decide within four weeks and, if the claim is upheld, pay the salary dues within two months.
Summary
The petitioner, appointed Secretary of Gram Kachari in 2019, alleged that he had not received any salary since his appointment despite regular service and filed a writ petition seeking mandamus for payment of arrears, interest, compensation, and disciplinary action against officials. He claimed that multiple representations to the District Panchayat Raj Officer (DPRO) went unanswered. The court examined whether the petitioner was entitled to the unpaid salary and whether a writ of mandamus could be issued to compel payment. It held that the petitioner must first file a formal representation before the DPRO, after which the DPRO must decide within four weeks and, if favorable, pay the salary within two months. The court also directed that a reasoned order be given if the representation is rejected, and disposed of the writ application with these directions.
Issues considered
- Whether the petitioner is entitled to the unpaid salary and benefits from the date of his appointment.
- Whether a writ of mandamus can be issued directing the respondents to pay the arrears, interest, and compensation.
- Whether the court can direct the petitioner to file a representation before the District Panchayat Raj Officer and set timelines for decision and payment.
Subjects
- salary arrears
- writ of mandamus
- Panchayati Raj
- public servant
- departmental representation
- illegal withholding of salary
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3448 of 2026
======================================================
Raushan Kumar @ Roushan Kumar Son of Ramashankar Paswan, Resident
of Village- Hundri, Post Office- Nauhatta, Police Station- Belaon, Block-
Rampur, District-Kaimur (Bhabua), Pin Code- 821104, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj
Department, Government of Bihar, Patna.
2. The Principal Secretary, Department of Law and justice, Government of
Bihar.
3. The District Magistrate, Kaimur (Bhabua).
4. The Deputy Development Commissioner (DDC), Kaimur (Bhabua).
5. The District Panchayat Raj Officer (DPRO), Kaimur (Bhabua).
6. The Block Panchayat Raj Officer (BPRO), Rampur Block, District- Kaimur
(Bhabua).
7. The Sarpanch, Gram Kachari, Kharenda, Rampur Block, District- Kaimur
(Bhabua).
8. The District Treasury Officer, Kaimur (Bhabua), Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivek Raj, Advocate
Mr. Aditya Prakash, Advocate
For the Respondent/s : Mr. Mujtabaul Haque, GP- 12
Mr. Pranoy Kumar, AC to GP- 12
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following reliefs:
“i. Issuance of a writ of mandamus
directing the Respondents to forthwith
release and pay the entire unpaid salary of
the Petitioner from the date of his
appointment as Secretary, Gram Kachari,
Patna High Court CWJC No.3448 of 2026(2) dt.16-03-2026
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Kharenda, Rampur Block, District Kaimur
(Bhabua), pursuant to Appointment Letter
No. 202 dated 31.01.2019, till date, along
with all consequential benefits.
ii. Issuance of a writ of mandamus
directing the Respondents to pay interest on
the delayed payment of salary at an
appropriate rate, for the prolonged and
illegal withholding of the Petitioner's lawful
dues.
iii. Issuance of a writ of
mandamus directing the Respondents to pay
adequate compensation to the Petitioner for
mental agony, harassment and financial
hardship caused due to arbitrary, mala fide
and illegal non-payment of salary.
iv. Issuance of a writ of mandamus
or any other appropriate writ, order or
direction commanding the Respondent
authorities to take departmental and
disciplinary action against the erring
officials, including the Sarpanch of Gram
Kachari, Kharenda, for abuse of power,
mala fide conduct and failure to discharge
statutory duties.
V. To grant any other relief or
reliefs for which the Petitioner is found
entitled in the facts and circumstances of the
case.”
Patna High Court CWJC No.3448 of 2026(2) dt.16-03-2026
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3. It is submitted by learned counsel for the petitioner
that having been appointed as Secretary, Gram Kachari,
Kharenda, Rampur Block in District Kaimur (Bhabua) and
having joined the said post on 31.1.2019, inspite of the
petitioner having been working regularly and efficiently, he has
not been paid the salary since the date of his
appointment/joining i.e. 31.1.2019 till the present date.
4. Learned counsel for the petitioner further submits
that he filed several representations before the respondent
authorities including the District Panchayat Raj Officer
(DPRO), Kaimur (Bhabua) (respondent no.5), however neither
he has received any reply for the same nor has he received the
arrears of salary for the said period.
5. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed off directing the petitioner to file a representation
before the District Panchayat Raj Officer (DPRO), Kaimur
(Bhabua) (respondent no.5) within a period of three weeks.
6. In case such a representation is filed, the
respondent no.5 shall proceed to decide the representation
within a period of four weeks and pay the salary due and
payable to the petitioner within a period of two months from the
Patna High Court CWJC No.3448 of 2026(2) dt.16-03-2026
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date of disposal of the representation.
7. In case the representation of the petitioner does not
find favour with the respondent concerned, a reasoned order for
the same shall be communicated to the petitioner within the
aforesaid period.
8. The writ application stands disposed off with the
above observations and directions.
(Partha Sarthy, J)
sauravkrsinha/-
U
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