Patna High Court
MamtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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(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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