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Patna High Court

Rajendra Prasad MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court did not grant mandamus but directed the petitioner to file a fresh representation and ordered the District Programme Officer to decide it within specified time limits.

Summary

The petitioner, a headmaster, filed a writ application seeking a mandamus directing the District Education Officer, Jamui, to pay his salary arrears from December 2019 to June 2021, relying on departmental memos that ordered payment to untrained teachers. He had submitted an application for arrears on 13 September 2025 and prepared a bill on 10 October 2025, but no payment was made by the District Programme Officer (Establishment). The court, with the consent of both parties, declined to issue mandamus and instead granted the petitioner liberty to file a fresh representation within two weeks. It directed the District Programme Officer to dispose of the representation within eight weeks, after giving the petitioner a hearing, and to issue a reasoned order. If the petitioner is found entitled to relief, the court ordered that the relief be granted within a further eight weeks. The writ application was therefore disposed of with these specific directions.

Issues considered

  • Whether the petitioner is entitled to a writ of mandamus directing payment of salary arrears.
  • Whether the District Programme Officer (Establishment) Jamui must be directed to dispose of the petitioner's representation within a fixed time frame.

Subjects

  • salary arrears
  • mandamus
  • writ jurisdiction
  • education department
  • public service
  • HRMS
  • representation
  • direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3740 of 2026
                 ======================================================
                 Rajendra Prasad Mandal Son of Late Chhotan Mahto, Resident of village-
                 Dhapri, P.S.- Jhajha, Distt.- Jamui, At Present posted as In-charge Headmaster
                 at Upgraded Kanya Middle School Rajpur under Block and P.S.- Sono, Distt.-
                 Jamui.
                                                                               ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar through its Chief Secretary Govt. of Bihar Patna.
           2.    The Chief Secretary, Govt. of Bihar Patna.
           3.    The Addl. Chief Secretary, Education Department Govt. of Bihar Patna.
           4.    The Director Primary Education, Govt. of Bihar Patna.
           5.    The Distt. Education Officer, Jamui.
           6.    The Distt. Programme Officer (Establishment), Jamui.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Mukesh Kumar No.1, Adv
                 For the Respondent/s    :        Mr. Standing Counsel (28)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER
2   24-03-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the respondent-State.

                               2. With the consent of both 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) For issuance of writ in nature
                                             of Mandamus Directing/commanding to
                                             Respondents No.-5 i.e. Distt. Education
                                             officer Jamui to make payment of arrears of
                                             salary since December 2019 to June 2021 as
                                             per Bill dated 10.10.2025 submitted by the
                                             Headmaster concern, with interest.
Patna High Court CWJC No.3740 of 2026(2) dt.24-03-2026
                                            2/4




                                               (ii) For further issuance of any
                                  other appropriate writ/writs, order/orders,
                                  direction/Directions for which the Petitioner
                                  is legally entitled.


                      4. Learned counsel for the petitioner submits that the

          District Programme Officer, Jamui had directed all Block

          Education Officers, District-Jamui vide Memo No. 954 dated

          03.06.2022 (Annexure-P/1) to take step for payment of salary of

          untrained teachers. Thereafter, the respondent no. 4 i.e. the

          Director, Primary Education Department Patna had circulated a

          letter no. 614 dated 09.06.2022 (Annexure P/2) to all the

          District Education Officers & District Programme Officers

          (Establishment), Bihar directing them to pay the salary.

                      5. It is further submitted that when the salary was not

          paid to the petitioner, the petitioner submitted an application for

          payment of arrears of salary on 13.09.2025 (Annexure-P/3)

          before the District Programme Officer (Establishment), Jamui. It

          is further contended that in terms of direction of respondent no.

          4 i.e. the Director, Primary Education Department, the

          respondent no. 5 i.e. the District Education Officer, Jamui had

          issued a letter no. 2042 dated 06.10.2025 (Annexure-P/4)

          directing all the concerned Headmaster to submit the bill to the

          counter of Human Resource Management System (HRMS)
Patna High Court CWJC No.3740 of 2026(2) dt.24-03-2026
                                            3/4




          directly so that payment of arrears of salary could be paid.

          Thereafter, as per learned counsel for the petitioner, the

          concerned Headmaster prepared a bill of arrears of salary of the

          petitioner on 10.10.2025 (Annexure-P/5) but as yet, no payment

          has been made to the petitioner by the District Programme

          Officer (Establishment), Jamui (respondent no. 6). He,

          therefore, submits that the petitioner is prepared to file a fresh

          representation       before      the    District   Programme   Officer

          (Establishment), Jamui (respondent no. 6) for payment of

          arrears of salary and prays that an appropriate direction be

          issued to the District Programme Officer (Establishment), Jamui

          to dispose of the representation filed by the petitioner within a

          fixed time frame, after giving an opportunity of hearing to the

          petitioner.

                        6. To the aforesaid prayer being made by learned

          counsel for the petitioner, learned counsel appearing for

          respondent-State does not have any objection.

                        7. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of granting liberty to the petitioner to file a fresh

          representation       before      the    District   Programme   Officer

          (Establishment), Jamui (respondent no. 6) for payment of
          Patna High Court CWJC No.3740 of 2026(2) dt.24-03-2026
                                                      4/4




                    arrears of salary in light of the bill prepared by the Headmaster

                    on 10.10.2025 within two weeks from today. If such a

                    representation is filed within the stipulated time then the District

                    Programme Officer (Establishment), Jamui is directed to

                    dispose of the same within a period of eight weeks from the date

                    of filing of the representation, after giving an opportunity of

                    hearing to the petitioner. Needless to emphasize that the final

                    order which shall be passed by the District Programme Officer

                    (Establishment), Jamui 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 would be claiming

                    through the representation, the same should be extended to the

                    petitioner within a further period of eight weeks from the date of

                    passing of the final order.

                                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)
kiran/-

U


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