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Patna High Court

Mishal GayatriversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, to pass a reasoned order on the petitioner's representation within 90 days, and disposed of the writ petition.

Summary

The petitioner, a legal expert employed by the Government of Bihar, filed a writ petition seeking payment of his pending remuneration for over seven months, interest, and a direction that his service not be terminated while the petition is pending. He also requested that the authorities ensure regular payment as per the tender notification provisions. The petitioner had earlier submitted a representation on 12‑12‑2025 to the Principal Secretary, Department of Revenue and Land Reforms, which remained unanswered. The court examined whether the government was obligated to pass a reasoned order on the representation and whether the petitioner was entitled to the claimed reliefs. It held that the Principal Secretary must issue a reasoned order on the representation within 90 days, and with that direction the petition was disposed. No order on the monetary claims was made, as the court limited its direction to the procedural compliance.

Issues considered

  • Whether the government authority is bound to pass a reasoned order on the petitioner's representation dated 12‑12‑2025.
  • Whether the petitioner is entitled to pending remuneration and interest under the tender notification.
  • Whether the petitioner’s service can be terminated during the pendency of the writ petition.

Subjects

  • writ of mandamus
  • pending remuneration
  • government employee
  • representation
  • reasoned order
  • termination of service
  • tender notification
  • public service

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4386 of 2026
                 ======================================================
                 Mishal Gayatri son of Amod Kumar Sah, Resident of Village-Shekh Dhanwat,
                 P.O.-Giddha, P.S.-Jaitpur, District-Muzaffarpur, State-Bihar, at present posted
                 as Legal Expert, Sub-Division Office, Marhaura, District-Saran.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Revenue and Land Reforms, Govt.
                 of Bihar, Patna.
           3.    The Board of Revenue, Government of Bihar through its Secretary.
           4.    The Secretary, Board of Revenue, Government of Bihar, Patna.
           5.    The Deputy Secretary, Board of Revenue, Government of Bihar, Patna.
           6.    The Sub-Divisional Officer, Marhaura, Saran.
           7.    Gyan Technological System Private Limited, Flat No. 402, Raghuvansham
                 Apartment, Kidwaipuri, Near Income Tax Chauraha, Patna, Bihar-800001.
           8.    Shankar Kumar alias Chhotu, Employee of Gyan Technological System
                 Private Limited, Flat No. 402, Raghuvansham Apartment, Kidwaipuri, Near
                 Income Tax Chauraha, Patna, Mobile No.-7488552755.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Suraj Narain Yadav, Advocate
                 For the Respondent/s   :       Mr. Government Pleader (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   26-03-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following relief/s:-

                                        “I. For issuance of writ in the nature of
                                        Mandamus, writ(s), order(s) or direction(s)
                                        commanding upon the Respondents to pay to
                                        the Petitioner his pending remuneration since
                                        more than seven months i.e. from 26.06.2025
Patna High Court CWJC No.4386 of 2026(2) dt.26-03-2026
                                            2/3




                               to till date along with pendente lite interest.
                               II. For direction to the Respondent No. 3 and
                               the Respondent No. 7 to ensure regular and
                               timely payment of remuneration to the
                               Petitioner as mandated under section 4, sub-
                               section 7 and sub section 47 of the said Tender
                               Notification No. BOR /BR/RFP/03/2025 dated
                               10.02.2025.
                               III. For also a direction to the Respondents not
                               to take any action for termination of the
                               service of the Petitioner during pendency of
                               the present writ application.
                               IV. For grant of any other relief/reliefs for
                               which the petitioner is found entitled under the
                               facts and circumstances of the case.”


                      3. Learned counsel for the petitioner fairly submits

          that for grievance of the petitioner, a representation dated

          12.12.2025 has been filed before the Principal Secretary,

          Department of Revenue and Land Reforms, Bihar, Patna,

          (Annexure-P/13). But, till date, no order has been passed on his

          representation.

                      4. Learned counsel for the State submits that a

          direction may be given so that the concerned authority may pass

          order on the petitioner’s representation dated 12.12.2025

          (Annexure-P/13) within a fixed period of time.
             Patna High Court CWJC No.4386 of 2026(2) dt.26-03-2026
                                                         3/3




                                   5. As such, in the light of the submissions made, the

                       Principal Secretary, Department of Revenue and Land Reforms,

                       Govt. of Bihar, Patna (Respondent no.2) is hereby directed to

                       pass a reasoned and speaking order on the petitioner’s

                       representation dated 12.12.2025 (Annexure-P/13) in accordance

                       with law, within 90 days from the date of production of a copy

                       of this order.

                                   6. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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