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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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