Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Education Officer to dispose of the pending representation within three months and, if the petitioner is entitled, to extend the honorarium within three months thereafter.
Summary
The petitioner, a night guard at Utkramit Madhya Vidhalaya, sought payment of his honorarium that had remained unpaid since his appointment on 26‑06‑2024. He had filed a representation on 23‑07‑2025 with the District Education Officer, which was still pending. The petitioner prayed for a mandamus directing the authorities to pay the due honorarium and to dispose of his representation within a fixed period. The respondents raised no objection to the limited relief sought. The Court, noting the narrow prayer, ordered the District Education Officer to hear the petitioner and dispose of the pending representation within three months, and if the petitioner is found entitled, to grant the honorarium within a further three months. The writ application was thereby disposed of.
Issues considered
- Whether the petitioner is entitled to the payment of honorarium for his service as night guard.
- Whether the High Court can direct the District Education Officer to dispose of the pending representation within a specified time frame.
Subjects
- honorarium
- writ of mandamus
- public employment
- pending representation
- education department
- service payment
- labour law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3605 of 2026
======================================================
Dilip Kumar Son of Yogendra Prasad Yadav, Resident of Village- Rampur,
P.S- Garkha, District- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar through its Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Deputy Labour Commissioner, Labor Resources Department, Block-
Saran, District- Chapra.
4. The District Magistrate-cum-Collector, District- Saran at Chapra.
5. The District Education Officer, District- Saran at Chapra.
6. The Principal, Utkramit Madhya Vidalaya, Ismaielpur, Garkha, District-
Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Danish Raja, Adv.
Mr. Rishi Sinha, Adv.
For the Respondent/s : Mr. Y.P. Sinha, AAG-7
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents-State.
2. With the consent of the parties the present 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. For issuance of writ/
writs, order/ orders, direction/
directions commanding and directing
the respondents concerned preferable
in nature of Mandamus commanding
and directing the respondents
concerned to make payment of
Patna High Court CWJC No.3605 of 2026(2) dt.23-03-2026
2/3
Honorarium which is still unpaid from
the date of initial appointment of the
petitioner i.e. 26/06/2024 on the post
of night guard at UTKRAMIT
MADHYA VIDHALAYA, Isamilpur,
Naya Garkha, District- Saran at
Chapra, in spite of discharging his
duties till date payment of honorarium
was made to the petitioner and the
petitioner is continuously discharging
his duties with all due care and
attestation to the satisfaction of his
employer.
II. And for any other relief
reliefs for which the petitioner is being
entitled to in the given facts and
circumstances of the case.”
4. After advancing some argument, learned counsel
for the petitioner submits that for claiming the aforesaid relief,
the petitioner has already filed a representation dated
23.07.2025 before the District Education Officer, Saran, Chapra,
which has been brought on record by way of Annexure-P/6
Series and the said representation continues to be pending. He,
therefore, submits that the petitioner would be satisfied if an
appropriate direction could be issued by this Court directing the
District Education Officer, Saran, Chapra to dispose of the
pending representation of the petitioner within a fixed time
frame after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
Patna High Court CWJC No.3605 of 2026(2) dt.23-03-2026
3/3
respondents-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, the present writ
application is disposed of directing the District Education
Officer, Saran, Chapra to dispose of the pending representation
of the petitioner dated 23.07.2025 within three months from the
date of receipt/production of a copy of this order, after giving an
opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the District Education Officer, Saran, Chapra
should be a reasoned and speaking order. It is further made clear
that in case the petitioner is found entitled to the relief, which
the petitioner is claiming through the representation, the same
should be extended to the petitioner within further period of
three months from the date of passing of the final order by the
District Education Officer, Saran, Chapra.
8. With the aforesaid observation and direction, the
present writ application stands disposed of. Pending I.As, if any
will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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