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Patna High Court

Ravindra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to issue a mandamus and instead directed the District Magistrate‑cum‑Collector to decide the petitioner’s representation within 90 days.

Summary

The petitioner, a contractual peon‑IV, filed a writ petition seeking a mandamus directing the District Magistrate‑cum‑Collector of Nawada and the Chairman of the District Consumer Dispute Settlement Commission to pay his salary for the period 1‑Feb‑2025 to 31‑Feb‑2026 with interest. He had earlier submitted a representation to the District Magistrate, but no decision was taken. The State argued that the representation was pending and the matter could be disposed of with a direction. The Court examined the petition and, instead of issuing a mandamus, ordered the District Magistrate‑cum‑Collector to decide the petitioner’s representation within 90 days of receipt of the order. No other relief was granted.

Issues considered

  • Whether a writ of mandamus can be issued to compel payment of salary to a contractual employee.
  • Whether the Court can direct the District Magistrate‑cum‑Collector to decide a pending representation within a specified time.

Subjects

  • writ jurisdiction
  • mandamus
  • salary payment
  • contractual employee
  • administrative delay
  • consumer dispute settlement commission
  • public service

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
               Civil Writ Jurisdiction Case No.4622 of 2026
======================================================
Ravindra Kumar S/o. Late Vidya Singh, resident of Village- Orro, P.S. Hasua,
District, Nawada.

                                                                ... ... Petitioner/s
                                    Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna, P.S.
   Secretariat, District- Patna.
2. The Chief Secretary, Bihar, Patna, P.S. Secretariat, District- Patna.
3. The District Magistrate-cum-Collector, Nawada, P.S. Nawada, District-
   Nawada.
4. The Deputy Collector Establishment Nawada, P.S. Nawada, District-
   Nawada.
5. The Chairman, District Consumer Dispute Settlement Commission,
   Nawada, P.S. Nawada, District- Nawada.
                                                             ... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s    :        Mr. Devendra Prasad Singh, Advocate
For the Respondent/s    :        Mr. Standing Counsel (1)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 30-03-2026

              Heard learned Counsel for the petitioner and learned

 Counsel for the State.

              2. The present writ petition has been filed by the

 petitioner for issuance of an appropriate writ/writs in the nature

 of mandamus directing and commanding the respondents

 concerned specially to the respondent District Magistrate-cum-

 Collector (respondent No.3) and District Consumer Dispute

 Settlement Forum (respondent No.5) to make payment of

 remuneration/salary of the petitioner for the period from

 01.02.2025 to 31.02.2026 (12 months) with interest for his

 service rendered on contractual basis on the post of peon-IV
             Patna High Court CWJC No.4622 of 2026 dt.30-03-2026
                                                        2/2




                      Grade metric trained in the office of Chairman Consumer

                      Dispute Settlement Committee, Nawada (respondent No.5) with

                      interest till the date of actual payment            and for other

                      relief/reliefs be granted to the petitioner for which he is entitled

                      under the law.

                                  3. Learned Counsel for the petitioner submits that he

                      has made prayer for issuance of mandamus and in this regard he

                      has already filed representation before respondent No.3, the

                      District Magistrate-cum-Collector, Nawada, vide Annexure-P/8

                      series, but no decision has been taken till date.

                                  4. Learned Counsel for the State submits that

                      petitioner’s representation is pending, therefore, it may be

                      disposed off with direction.

                                  5. In the light of the submissions made, this writ

                      petition is disposed of directing respondent No.3, the District

                      Magistrate-cum-Collector, Nawada, to take decision on the

                      representation of the petitioner within 90 days from the date of

                      receipt/production of a copy of this order.


                                                                   (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          31.03.2026
Transmission Date


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