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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the writ, directing the District Programme Officer to decide the petitioner’s pending representation within three months and to grant relief comparable to that awarded to Dezy Kumari.

Summary

Petitioner Sujit Kumar filed a writ petition seeking payment of salary arrears of Rs 12,62,569 and 18% interest, contending that a similarly situated employee, Dezy Kumari, had been granted such relief in a prior order. The petitioner also asked that the District Programme Officer (Establishment), Sheikhpura, dispose of his pending representation dated 20‑02‑2026 within a fixed time. The State of Bihar raised no objection. The Court, noting the limited nature of the prayer and the earlier precedent, directed the District Programme Officer to decide the pending representation within three months and to extend the same relief granted to Dezy Kumari, if applicable. The writ application was therefore disposed of with these directions. All pending interim applications were deemed disposed of.

Issues considered

  • Whether the petitioner is entitled to salary arrears of Rs 12,62,569 and interest.
  • Whether the District Programme Officer must dispose of the petitioner’s pending representation within a stipulated period.
  • Whether the earlier order in C.W.J.C. No.8536 of 2025 is binding on the present petition.

Subjects

  • salary arrears
  • interest
  • writ jurisdiction
  • administrative law
  • government employee
  • district programme officer
  • precedent
  • relief

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4803 of 2026
                 ======================================================
                 Sujit Kumar Son of Late Ramchandra Singh, Parmanent Residence of Village
                 and Post-Katri, Police Station- Korma, District- Sheikpura, Pin-811105, State-
                 Bihar, Presently Residence at Mohalla-Dinkar Nagar, Post and Police Station-
                 Barbigha, District-Sheikhpura Pin-811101.

                                                                                ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department Secretariat, Patna.
           3.    The Principal Secretary, Finance Department, Government of Bihar, Patna.
           4.    The Director Primary Education Department Bihar, New Secretariat at
                 Patna.
           5.    The Joint Secretary, Education Department, Bihar, Patna.
           6.    The District Magistrate, Sheikhpura.
           7.    The District Education Officer, Sheikhpura.
           8.    The District Programme Officer (Establishment), Sheikhpura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Abhay Kumar, Advocate
                 For the Respondent/s   :        Mrs. Pushpanjali Sharma, A.C. to S.C.-20.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   07-04-2026                    Heard learned counsel for the petitioner and learned

                   counsel appearing on behalf of the respondent-State.

                                2. With consent of the parties, the present writ

                   application is being disposed of at this stage itself.

                                3. The petitioner has prayed for grant of following

                   relief :-

                                            “(a) For Commanding the respondents
                               authorities to make payment arrear Rupees 205078 &
                               1057491 total rupees 12,62,569 which is difference in
                               salary in the Circumstances of this Case.
Patna High Court CWJC No.4803 of 2026(2) dt.07-04-2026
                                            2/3




                                 (b) For Commanding the respondents
                    authorities to make payment 18% interest rupees over
                    the 12,62,569.
                                 (c) For grant of any other Incidential or
                    consequential granting relief for which entitled for..”


                      4. Learned counsel appearing for the petitioner

          submits that one Dezy Kumari who was similarly situated as the

          petitioner has already been made payment in compliance of

          order dated 30.10.2025 passed in C.W.J.C. No.8536 of 2025 by

          a Coordinate Bench of this Court. He, therefore, submits that in

          light of the said order passed in C.W.J.C. No.8536 of 2025, the

          District Programme Officer (Establishment) Sheikhpura be

          directed to dispose of the pending representation of the

          petitioner dated 20.02.2026 (Annexure P-4) within a fixed time

          frame after giving an opportunity of hearing to the petitioner.

                      5. To the aforesaid submissions made by learned

          counsel for the petitioner, learned counsel appearing on behalf

          of the respondent-State does not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          stands disposed of directing the District Programme Officer,

          Sheikhpura to dispose of the pending representation of the

          petitioner dated 20.02.2026 (Annexure P-4) within a period of
            Patna High Court CWJC No.4803 of 2026(2) dt.07-04-2026
                                                        3/3




                      three months from the date of receipt / production of a copy of

                      this order by the petitioner, after giving an opportunity of

                      hearing to the petitioner. While disposing of the representation

                      of    the     petitioner,      the      District    Programme    Officer,

                      (Establishment), Sheikhpura shall consider and verify that if

                      another similarly situated person, namely, Dezy Kumari, has

                      already been granted relief in compliance of order dated

                      30.10.2025 passed in C.W.J.C. No.8536 of 2025, then the

                      petitioner should also be extended the same relief within a

                      period of three months from the date of final order which would

                      be passed by the District Programme Officer (Establishment)

                      Sheikhpura.

                                  7. With the aforesaid observation/direction and liberty

                      granted, the present writ application stands disposed of.

                                  8. All pending I.A.s, if any, is deemed to have been

                      disposed of.



                                                                     (Alok Kumar Sinha, J)
sanjeev/-

U


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