Patna High Court
Anita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court did not grant mandamus but directed the petitioner to file a representation and set timelines for its disposal.
Summary
Anita Kumari, a Panchayat Teacher, filed a writ petition seeking a mandamus directing the State of Bihar and education officials to pay her salary and arrears dating from May 2015, alleging arbitrary withholding and violation of Article 23. The petitioner offered to file a detailed representation before the District Programme Officer (Establishment) and requested a fixed timeline for disposal. The State had no objection to this limited prayer. The High Court, with the parties' consent, disposed of the writ at this stage, granting the petitioner liberty to submit the representation within one month and directing the officer to decide it within six months, issuing a reasoned order and, if relief is warranted, to pay the dues within three months. All pending interlocutory applications were deemed disposed. No substantive mandamus was issued at this juncture.
Issues considered
- Whether the petitioner is entitled to a mandamus directing payment of her salary and arrears.
- Whether the delay in salary payment violates Article 23 of the Constitution.
- Whether the appropriate remedy is to direct the petitioner to file a representation before the District Programme Officer.
Subjects
- wage payment
- mandamus
- civil writ jurisdiction
- employment rights
- Article 23
- delayed salary
- representation
- Bihar education
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.377 of 2026
======================================================
Anita Kumari Wife of Suganjee Singh, Resident of Village- Rupi Batrahan,
P.O.- Mishrabatrahan, P.S.- Fulwariya, District- Gopalganj, Presently working
as Panchayat Teacher at Primary School, Khutahan, Block- Vijaipur, District-
Gopalganj.
... ... Petitioner
Versus
1. The State of Bihar through the Director, Primary Education, Govt. of Bihar,
New Secretariat, Patna.
2. The District Education Officer, Gopalganj.
3. The District Programme Officer (Establishment), Gopalganj.
4. The Block Education Officer, Vijaipur, P.O. and P.S.- Vijayipur, District-
Gopalganj.
5. The Headmaster, Primary School, Khutahan, Block- Vijaipur, District-
Gopalganj.
6. The Panchayat Secretary, Gram Panchayat Raj, Bharpurwan, Block-
Vijayipur, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Bihari Singh , Advocate
: Mr. Prashant Kumar, Advocate
For the Respondent/s : Musabual Haque, GP-12
: Mr. Pranoy Kumar, AC to GP-12
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 13-01-2026 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 the present stage itself.
3. The petitioner in the present writ application has
prayed for the grant of following reliefs:-
“That, this writ petition is for
issuance of an appropriate writ/
Patna High Court CWJC No.377 of 2026(2) dt.13-01-2026
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writs in nature of MANDAMUS
for commanding and directing
the concern authorities
regarding payment of wages/
salary from the date of joining
ie., May 2015 to till date to
petitioner for her continuous
work against the respective post,
which remains unpaid arbitrarily
and unreasonably even ignoring
the different
orders/communications passed
by authorities themselves to not
withhold the payment as well as
the rights of individuals under
Article 23 of Constitution of
India and the further prayer for
payment of interest on delayed
payments in addition to litigating
cost also for unnecessary
harassment and for the other
necessary relief relief's on the
basis of the facts and
circumstances of the case as
stated hereinafter.”
4. Learned counsel for the petitioner submits that for
seeking the reliefs as claimed for in the present writ application,
the petitioner is prepared to file a detailed representation before
the District Programme Officer (Establishment), Gopalganj
Patna High Court CWJC No.377 of 2026(2) dt.13-01-2026
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(Respondent No. 3) and he further prays that an appropriate
direction be issued to the District Programme Officer
(Establishment), Gopalganj (Respondent No. 3) to dispose of
the representation of the petitioner within a fixed time frame,
after giving an opportunity of hearing to the petitioner.
5. To this prayer being made by the learned counsel
for the petitioner, learned counsel for the Respondent-State does
not have any objection.
6. Considering the limited nature of prayer being
made by the learned counsel for the petitioner, this writ
application is disposed of granting liberty to the petitioner to
file a detailed representation before the District Programme
Officer (Establishment), Gopalganj (Respondent No. 3) within
one month from today and if such a representation is filed by the
petitioner, the same shall be disposed of within a further period
of six months 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),
Gopalganj (Respondent No. 3) should be a reasoned and
speaking order. It is further made clear that in case the petitioner
is found entilted to the relief which the petitioner would be
claiming through the representation then the same should be
Patna High Court CWJC No.377 of 2026(2) dt.13-01-2026
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extended to the petitioner within three months from the date of
passing of the final order by the authority concerned.
7. With the aforesaid observation and direction, the
present writ application is disposed of. All pending Interlocutory
Applications, if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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