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Patna High Court

Shammi SumanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application is disposed, granting the petitioners liberty to file a representation before the District Education Officer, whose reasoned order shall determine any salary relief.

Summary

The petitioners, two women employed under the Bihar Education Department, alleged that their salaries had been stopped since January 2025 without justification and sought a writ of mandamus directing the respondents to pay the arrears. They relied on a 2022 memo and prior High Court orders in similar writ petitions directing salary payment. The State had no objection to the petitioners' limited prayer to first file a representation before the District Education Officer, Nalanda. The Court, with the parties' consent, disposed of the writ application at this stage, granting the petitioners liberty to file the representation within four weeks and directing the officer to decide it within eight weeks, with a reasoned order. The Court further directed that if the representation is found in favour of the petitioners, the salary relief must be granted within one month of the officer's final order.

Issues considered

  • What relief, if any, is appropriate for petitioners whose salaries have been stopped, and whether a writ of mandamus is necessary at this stage?

Subjects

  • salary arrears
  • mandamus
  • public employment
  • representation
  • district education officer
  • high court writ jurisdiction
  • procedural direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.4537 of 2026
                 ======================================================
           1.     Shammi Suman Wife of Baban Kumar, Resident of Village- Jhikarua, P.S.
                  Hisu, District- Nawada.
           2.    Phool Kumari Wife of Niraj Kumar, Resident of Village- Chandi Mau,, P.S.-
                 Silao, District- Nalanda.

                                                                               ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Govt. of Bihar, Patna.
           2.    The Director, Primary Education, Bihar, Patna.
           3.    The District Education Officer, Nalanda.
           4.    The District Programme Officer (Establishment), Nalanda.
           5.    The Block Education Officer, Silao, Nalanda.
           6.    Block Development Officer, Silao, Nalanda.
           7.    The Gram Panchayat Raj, Kariyana, Silao, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Bijay Kumar Pandey
                 For the State             :      Mr.Additional Advocate General (3)
                                                  Mr. Suman Kumar Jha, AC to AAG 3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   02-04-2026                          Heard the learned counsel for the petitioners and

                   the learned counsel appearing for the respondent-State.

                                 2. With the consent of the parties, this writ application

                   is being disposed of at this stage itself.

                                 3. The petitioners, in the present writ application,

                   have prayed for grant of the following reliefs:-

                                           “(i) For issuance of an appropriate writ/writs
                                           or direction in the nature of mandamus
                                           commanding and directing the Respondents to
Patna High Court CWJC No.4537 of 2026(2) dt.02-04-2026
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                                make       payment       of   salary   to   the
                                petitioners,which has been stopped since
                                January, 2025 till date without any rhyme and
                                reason. Since the date of their respective
                                appointment the petitioners were paid their
                                salary but all of a sudden they stopped
                                salaries with effect from January 2025.
                                The Additional Chief Secretary, Education
                                Department, Bihar, Patna vide Memo No. 734
                                dated 08.07.2022 directed for payment of
                                salary to all District Education Officer,
                                Bihar/District       Programme   Officer(Estab.)
                                Bihar and considering the direction aforesaid,
                                this Hon'ble Court in batch of writ petitioners
                                in C.W.J.C. No. 16316 of 2022 on 29.11.2022
                                and in C.W.J.C. No.22186 of 2019 on
                                02.12.2022 directed for payment of salaries
                                and the case of these petitioners are similar
                                and for want of salary they are starving.
                                (ii) For a direction to the respondents to make
                                payment of regular salary to the petitioners.
                                (iii) For any other relief/reliefs for which the
                                petitioners are entitled to receive in the facts
                                and circumstances stated above.”

                      4. The learned counsel for the petitioners submits that

          for seeking the aforesaid reliefs, the petitioner is prepared to file

          a representation before the District Education Officer, Nalanda

          (respondent no.3) and prays that an appropriate direction be
Patna High Court CWJC No.4537 of 2026(2) dt.02-04-2026
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          issued to the District Education Officer, Nalanda to dispose of

          the representation within a fixed time-frame, after giving an

          opportunity of hearing to the petitioners.

                      5. To the aforesaid submission made by the learned

          counsel for the petitioners, the learned counsel appearing for the

          respondent-State does not have any objection.

                      6. Considering the limited nature of prayer made by

          the learned counsel for the petitioners, this writ application is

          disposed of, granting liberty to the petitioner to file a

          representation before the District Education Officer, Nalanda

          within four weeks from the date of this order. If such a

          representation is filed by the petitioner, the same shall be heard

          and disposed of within a further period of eight weeks from the

          date of filing of the representation, after giving an opportunity

          of hearing to the petitioners.

                       7. Needless to emphasize that the order, which shall

          be passed by the District Education Officer, Nalanda, should be

          a reasoned and speaking order.

                      8. It is specifically made clear that if the petitioner is

          found entitled to the reliefs, which the petitioners would be

          claiming through the representation, the same should be

          extended to the petitioners within one month from the date of
       Patna High Court CWJC No.4537 of 2026(2) dt.02-04-2026
                                                   4/4




                 passing of the final order by the District Education Officer,

                 Nalanda.

                             9. With the aforesaid observation/direction and the

                 liberty granted, the present writ application stands disposed of.

                             10. All pending interlocutory application(s), if any,

                 shall also be deemed to have been disposed of.


                                         (Alok Kumar Sinha, J)

HR/-

U


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