Patna High Court
Rajendra Prasad MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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
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(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
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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
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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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