Patna High Court
SaritaversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the State Project Director to dispose of the pending representation within six weeks and to pass a reasoned order, without deciding the substantive claim on honorarium.
Summary
The petitioners, a group of part‑time teachers, filed a writ application seeking a mandamus directing the State Project Director of the Bihar Education Project Council to revise their honorarium to match that of other part‑time teachers as per Letter No. 7306 dated 18‑11‑2023 and to grant them benefits such as EPF. They also submitted a representation on 11‑03‑2026 requesting the same, which remained pending. The Court, noting that the prayer was limited to disposal of the pending representation, ordered the State Project Director to decide the representation within six weeks after giving the petitioners a hearing and to issue a reasoned order. If the final order finds the petitioners entitled to the relief, the Court directed that the relief be extended within eight weeks of that order. No substantive determination on the merit of the honorarium claim was made; the writ application was disposed with the above directions.
Issues considered
- Whether the High Court can issue a writ of mandamus directing an administrative authority to dispose of a pending representation within a fixed time‑frame.
- Whether the petitioners are entitled to revision of their honorarium to be on par with other part‑time teachers and to receive statutory benefits such as EPF as per the referenced letter.
Subjects
- honorarium
- mandamus
- part‑time teachers
- writ jurisdiction
- administrative law
- representation
- Employees Provident Fund
- Bihar Education Project Council
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5017 of 2026
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1. Sarita W/o Shri Manibhushan Singh, R/o Ward No. 5, Village and P.O. -
Katarmala, P.S.- Neema Chandrapura (Dandari), District- Begusarai.
2. Suman Kumari, W/o Shri Deepak Kumar Singh, R/o Ward No. 5, Village
and P.O. Rahatpur, -Bariyarpur, P.S. -Rahatpur,District- Begusarai.
3. Pratigya Kumari, W/o Shri Sanjay Kumar Poddar, R/o Ward No. 9, Village
and P.O. Chhoti Balia, P.S. - Balia (Lakhminiya), District- Begusarai.
4. Rekha Kumari, W/o Shri Ranjeet Tanti, R/o Ward No. 9, Village and P.O. -
Hasanpur Bagar, P.S. - Hasanpur, District- Begusarai.
5. Lalita Kumari, W/o Shri Manoj Kumar Singh, R/o Ward No. 1, Village P.O.
Katarmala, P.S. - Neema Chandrapura (Dandari), District- Begusarai.
6. Reena Kumari, W/o Shri Ranvijay Kumar, R/o Ward No. 9. Village and
P.O.- Sashan, Samastipur, P.S.-Sashan, Samastipur, District- Begusarai.
7. Rani Kumari, W/o Shri Pawan Kumar Singh @ Dhananjay Singh, R/o Ward
No. 4, Village- Rohua, P.O. and P.S. Sahebpur Kamal, District- Begusarai.
8. Lalita Devi, W/o Shri Jitendra Kumar Raut, R/o Ward No. 12, Village and
P.O. Kushaltol, Bhavanandpur, P.S. Bhavananadpur, District- Begusarai.
9. Kumari Pushpa, W/o Shri Sudhakar Prasad Singh, R/o Ward No. 6. Village
and P.O. Badiya Gara, P.S.-Mujafara, District- Begusarai.
... ... Petitioner/s
Versus
1. The Union of India through the Principal Secretary, Human Resource
Development Department, New Delhi.
2. State of Bihar through the Principal Secretary, Department of Education,
Govt. of Bihar, Patna.
3. The Development Commissioner-cum-Chairman, Executive Committee,
Bihar Education Project Council.
4. The State Project Director, Bihar Education Project Council-cum-Member
Secretary, Executive Committee.
5. The District Magistrate, Begusarai.
6. The District Education Superintendent-cum-District Programme
Coordinator, Bihar State Education Project, Begusarai.
7. The District Education Officer, Begusarai.
8. The District Programme Officer (Establishment), Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudarshan Kumar
For the Respondent/s : Mr.Additional Solicitor General
For the Respondent no.1 : Ms.Sarita Bajaj, CGC
======================================================
Patna High Court CWJC No.5017 of 2026(2) dt.17-04-2026
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
counsel 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 reliefs:
(a) For issuance of an appropriate writ
in the nature of Mandamus declaring and
commanding the respondent authorities to revise
the honorarium of the Petitioners by making it at
par with the Part Time Teachers in terms of the
Letter No. 7306, dated 18.11.2023 (Annexure-P/6)
issued by the Bihar Education Project Council and
to provide all financial and other benefits including
contribution to Employees Provident Fund.
(b) For grant of any other relief or relief
to which the petitioner is found entitled in the facts
and circumstances of this case.
4. After advancing some argument, learned senior
counsel for the petitioner submits that for seeking the aforesaid
reliefs, the petitioner has already filed a representation dated
11.03.2026 before the State Project Director, Bihar Education
Project Council-cum-Member Secretary, Executive Committee,
Patna (respondent no. 4) which has been brought on record by
way of Annexure-P/9 series. He submits that this representation
filed by the petitioner is still pending and prays that an
Patna High Court CWJC No.5017 of 2026(2) dt.17-04-2026
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appropriate direction be issued to the respondent no. 4 to
dispose of the pending representation of the petitioner within a
fixed time frame, after giving an opportunity of hearing to the
petitioner.
5. To the aforesaid prayer being made by learned
senior 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 directing the State Project Director, Bihar
Education Project Council-cum-Member Secretary, Executive
Committee, Patna (respondent no. 4) to dispose of the pending
representation of the petitioner dated 11.03.2026 (Annexure-P/9
series) within six weeks from the date of receipt / production of
a copy of this order by the petitioner, after giving an opportunity
of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by respondent no. 4 should be a reasoned and
speaking order. In case, the petitioner is found entitled to the
relief, which the petitioner has claimed through the pending
representation, the same shall be extended to the petitioner
within a further period of eight weeks from the date of passing
Patna High Court CWJC No.5017 of 2026(2) dt.17-04-2026
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of the final order by respondent no. 4.
8. With the aforesaid observation and direction, 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
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