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Patna High Court

Sadhu Saran SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petition should be disposed after directing the District Education Officer to determine the petitioner’s entitlement and, if affirmed, to order payment of the salary arrears within eight weeks.

Summary

The petitioner, Sadhu Saran Singh, a school employee, filed a writ petition seeking payment of salary arrears from October 2017 to July 2022 with statutory interest, relying on Memo No 1348 dated 02‑07‑2022 issued by the District Programme Officer (Establishment). He had submitted his intermediate mark sheet for verification, which was processed by the District Education Officer and the Bihar School Examination Board, leading to the 2022 order directing payment. The State argued that the matter had already been addressed by the 2022 order and sought appropriate action. The Patna High Court directed the District Education Officer to make a final decision on the petitioner’s entitlement and, if confirmed, to issue the payment order within eight weeks. The petition was thereafter disposed.

Issues considered

  • Whether the respondents are liable to pay the petitioner’s salary arrears for the period October 2017 to July 2022 with statutory interest as per Memo No 1348 dated 02‑07‑2022.
  • Whether the petitioner is entitled to relief under the writ jurisdiction for non‑payment of the arrears.

Subjects

  • salary arrears
  • civil writ jurisdiction
  • education department
  • verification of mark sheet
  • statutory interest
  • direction to authority
  • Patna High Court

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.4782 of 2026
     ======================================================
     Sadhu Saran Singh Son of Indradeo Singh, Resident of Village - New
     Atwarpur, Ward No. 08, Kurthaul, P.O.- Kurthaul, P.S.- Parsa Bazar, District-
     Patna- 804453.

                                                                ... ... Petitioner/s
                                        Versus
1.   The State of Bihar
2.   The Deputy Director, Zonal Education, Magadh Division, Gaya.
3.   The District Magistrate, Jehanabad.
4.   The District Education Officer, Jehanabad.
5.   The District Programme Officer (Establishment), Jehanabad.
6.   The Block Education Officer, Makhdumpur, Jehanabad.
7.   The Headmaster, Utkarmik Madhya Vidayalay, Aadanabigha, Block-
     Makhdumpur, Dist. - Jehanabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      M/s Md Fazal Rahman, Anisur Rahman, Nooreen
                                       Rahman, Ehsan Rahman, Advocates
     For the Respondent/s   :      Mr.Addl. Advocate General (12)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
     ORAL JUDGMENT
      Date : 06-04-2026


                  Heard learned counsel for the petitioner and the State.

                  2 This writ petition has been filed seeking the following

     reliefs:

                        “…      …     ...for a direction to the
             respondents to pay the arrears of salary of the
             petitioner from October, 2017 to July, 2022 with
             statutory interest and cost of the case in the light
             of office order bearing Memo No 1348 dated
             02.07.2022 passed by the District Programme
             Officer (Establishment), Jehanabad.”
Patna High Court CWJC No.4782 of 2026 dt.06-04-2026
                                           2/3




                    3 Learned counsel for the petitioner submits that for

       verification of Intermediate mark sheet, the petitioner was asked to

       submit the same duly issued from the competent authority, which

       the petitioner is said to have submitted before the authorities and

       after initial verification, the District Education Officer, Jehanabad

       is said to have got it further verified from the Secretary, Bihar

       School Examination Board vide letter No 121 dated 19.01.2019

       and on verification, the District Programme Officer is said to have

       issued an order which is contained in Memo No 1348 dated

       02.07.2022 wherein, with certain conditions, the directions have

       been issued for making payment of the salary but till date, for the

       reasons unexplained, the payment of salary for the period October,

       2017 to July, 2022 has not been made.

                    4 On the other hand, learned counsel for the State

       submits that since the issues have already been addressed by the

       District Programme Officer vide letter dated 02.07.2022,

       appropriate directions may be issued for taking appropriate action

       with regard to salary of this petitioner.

                    5 Considering the submissions of the parties, this Court

       directs the District Education Officer, Jehanabad to take a final

       decision with regard to the payment of salary of the petitioner for

       the period October, 2017 to July, 2022 within a period of eight
             Patna High Court CWJC No.4782 of 2026 dt.06-04-2026
                                                        3/3




                    weeks from the date of representation in reference to the order as

                    contained in Memo No 1348 dated 02.07.2022 issued by the

                    District Programme Officer (Establishment) and, on adjudication,

                    if the petitioner is found entitled to the same, necessary order shall

                    be passed and the same shall also be extended to the petitioner

                    within the same time.

                                 6 With the aforementioned observation/direction, this

                    writ petition stands disposed of.


                                                    (Ajit Kumar, J)
M.E.H./-
AFR/NAFR                       NAFR
CAV DATE                        NA
Uploading Date             09.04.2026
Transmission Date               NA


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