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Patna High Court

MamtaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the limited prayer can be addressed by directing the petitioner to file a representation before the District Programme Officer, who must dispose of it within a stipulated period.

Summary

Mamta, a Panchayat Teacher in Gopalganj, filed a writ petition seeking a mandamus directing the State of Bihar and education officials to pay her pending wages and salary from April 2017 onward, along with interest and costs, alleging arbitrary withholding despite prior orders. The petitioner offered to file a detailed representation before the District Programme Officer (Establishment) and requested the court to set a time‑frame for disposal. The State had no objection to this limited prayer. The Court, with the parties' consent, disposed of the writ at the interim stage, granting the petitioner liberty to submit her representation within one month and directing the officer to decide the matter within six months after hearing, issuing a reasoned order. The Court further directed that if the petitioner is found entitled, the relief should be implemented within three months of the final order.

Issues considered

  • Whether a writ of mandamus is appropriate for directing payment of the petitioner's pending wages and salary.
  • Whether the court can limit its intervention by directing the petitioner to file a representation before the concerned administrative authority.
  • Whether the petitioner is entitled to interest and costs for the delayed payment.

Subjects

  • wages
  • salary
  • mandamus
  • public servant
  • administrative law
  • delayed payment
  • interest
  • representation
  • District Programme Officer
  • Bihar education

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No. 378 of 2026
                 ======================================================
                 Mamta Daughter of Sri Yogendra Prasad Singh, Resident of Village- Kutiya,
                 P.O.- Chhitauna, P.S.- Vijaipur, District- Gopalganj, Presently working as
                 Panchayat Teacher at N.P.S., Sumerpur, Block- Vijaipur, District- Gopalganj.

                                                                           ... ... Petitioner/s
                                                   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, New Primary School, Sumerpur, Block- Vijaipur, District-
                 Gopalganj.
           6.    The Panchayat Secretary, Gram Panchayat Raj, Ghat Bandhaura, Block-
                 Vijayipur, District- Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Bipin Bihari Singh, Advocate
                                        :      Mr. Prashant Kumar, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (11)
                                        :      Mr. Santosh Chandra Bhaskar, AC to GP-11
                 ======================================================
                 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/
                                                        writs in nature of MANDAMUS
Patna High Court CWJC No. 378 of 2026(2) dt.13-01-2026
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                                                  for commanding and directing
                                                  the       concern          authorities
                                                  regarding payment of wages/
                                                  salary from April 2017 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

          (Respondent No. 3) and he further prays that an appropriate

          direction be issued to the District Programme Officer
Patna High Court CWJC No. 378 of 2026(2) dt.13-01-2026
                                            3/4




          (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

          extended to the petitioner within three months from the date of

          passing of the final order by the authority concerned.
          Patna High Court CWJC No. 378 of 2026(2) dt.13-01-2026
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                                 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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