Created by Fuzzy Cloud

Patna High Court

Hit Narayan ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted liberty to the petitioner to file a fresh representation before the District Education Officer within four weeks and directed the officer to dispose of it within twelve weeks with a reasoned order.

Summary

The petitioner, Hit Narayan Thakur, a government employee, alleged that his salary arrears from November 2024 onward had not been paid and sought payment of the arrears with 12% per annum interest. He also requested the court to direct the District Education Officer, Sitamarhi, to consider a fresh representation he would file and to dispose of it within a fixed time. The State of Bihar raised no objection to the petitioner's limited prayer. The Court, with the consent of both parties, disposed of the writ by granting the petitioner liberty to file the representation within four weeks and directing the officer to decide it within twelve weeks, issuing a reasoned order and, if entitlement is found, to grant the relief within a further twelve weeks. All pending interlocutory applications were deemed disposed.

Issues considered

  • What relief, if any, can the court grant to a government employee seeking payment of salary arrears and interest?
  • Whether the court can direct the petitioner to file a fresh representation before the District Education Officer and prescribe time‑frames for its disposal.

Subjects

  • salary arrears
  • interest
  • writ jurisdiction
  • administrative remedy
  • education department
  • service law
  • representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4809 of 2026
                 ======================================================
                 Hit Narayan Thakur Son of Ram Krit Thakur, Resident of Village-
                 Sahaniapatti, Ward No.3, P.O.- Bakhri, P.S.- Sursand, District- Sitamarhi.

                                                                  ... ... Petitioner/s
                                            Versus
           1.    The State of Bihar through Additional Chief Secretary, Education
                 Department, Bihar, Patna.
           2.    The Director, Primary Education, Patna.
           3.    The Regional Deputy Director, Education Tirhut Division, Muzaffarpur.
           4.    The District Education Officer, Sitamarhi.
           5.    The District Programme Officer (Establishment), Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Sunil Kumar Singh, Adv.
                 For the State           :      Mr. M.N.H. Khan, SC-1
                                                Ms.Babita Kumar, AC to SC-1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   15-04-2026                     Heard learned counsel for the petitioner and learned

                   counsel appearing for the respondent-State.

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

                   application is being disposed of at this stage itself.

                                 3. In the present writ application, the petitioner has

                   prayed for the grant of following relief:

                                               “(i) for issuance of appropriate
                                    writs/directions commanding the respondents to
                                    make payment of arrear salary of petitioner from
                                    November 2024 till date and make payment of
                                    monthly salary on month to month basis. The
                                    petitioner further prays to make payment of interest
                                    of 12% per annum on aforesaid arrear.
                                               (ii) and also grant any other reliefs for
Patna High Court CWJC No.4809 of 2026(2) dt.15-04-2026
                                            2/3




                          which petitioner is found entitled in the facts and
                          circumstances of the case.”

                        4. After advancing some argument, learned counsel

          for the petitioner submits that for seeking the aforesaid reliefs,

          the petitioner is prepared to file a fresh representation before the

          District Education Officer, Sitamarhi (respondent no. 4) and

          prays that an appropriate direction be issued to the respondent

          no. 4 to dispose of the representation which would be filed by

          the petitioner, within a fixed time frame, after giving an

          opportunity of hearing to the petitioner.

                        5. To the aforesaid submission being made by learned

          counsel for the petitioner, learned counsel appearing for 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

          is disposed of granting liberty to the petitioner to file a fresh

          representation before the District Education Officer, Sitamarhi

          (respondent no. 4) within four weeks from today and if such a

          representation is filed by the petitioner, the same shall be

          disposed of within a period of twelve weeks from the date of

          receipt of the representation by the District Education Officer,

          Sitamarhi, after giving an opportunity of hearing to the

          petitioner.
           Patna High Court CWJC No.4809 of 2026(2) dt.15-04-2026
                                                       3/3




                                 7. Needless to emphasize that the final order which

                     shall be passed by the District Education Officer, Sitamarhi

                     should be a reasoned and speaking order. It is also made clear

                     that in case, the petitioner is found entitled to the relief which

                     the petitioner would be claiming through his representation, the

                     same should be extended to the petitioner within a further period

                     of twelve weeks from the date of passing of the final order by

                     the District Education Officer, Sitamarhi.

                                 8. With the aforesaid observation/direction and liberty

                     granted, this writ application is disposed of. All pending

                     interlocutory application(s), if any, shall also be deemed to have

                     been disposed of.



                                             (Alok Kumar Sinha, J)
kundan/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.