Patna High Court
Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner must first file a detailed representation before the District Education Officer, and if the officer verifies the claim as genuine, the due salary must be paid, leading to the disposal of the writ petition.
Summary
The petitioner, a Panchayat Teacher, filed a writ petition seeking payment of his due salary for June 2018‑December 2019 and from September 2020 to the present, along with interest and assurance of uninterrupted service. He alleged that his earlier applications for redressal before the education authorities remained pending without adjudication. The State argued that the petitioner should file a fresh representation referencing the earlier applications, after which the concerned authority could decide the matter. The Court directed the petitioner to submit a detailed representation to the District Education Officer within four weeks and, if the officer finds the claim genuine, to order payment of the salary within six weeks of the representation. The Court further ordered that any due salary, if confirmed, be paid within the same period. Consequently, the writ petition was disposed of pending the petitioner’s compliance with the representation requirement.
Issues considered
- What relief, if any, is available to a government teacher for alleged non‑payment of salary and interest under a writ petition?
- Whether the petitioner must first file a fresh representation before the education authority before the court can direct payment of dues.
Subjects
- salary dues
- government employee
- writ petition
- education department
- administrative law
- representation
- interest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5091 of 2026
======================================================
Ravindra Kumar Son of Lal Kishun Sharma, Resident of Village Tetha Tard,
P.O. and P.S- Atri, District Gayaji (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Director, Primary Education, Government of
Bihar, Patna.
2. The Director, Primary Education Department of Education, Government of
Bihar, Patna.
3. The Additional Chief Secretary cum Principal Secretary, Department of
Education, Government of Bihar, Patna.
4. The District Education Officer, Gayaji.
5. The District Programme Officer, (Establishment) Gayaji.
6. The Block Education Officer, Mahara, District Gayaji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Singh, Adv.
For the Respondent/s : Mr.Addl. Advocate General (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the parties.
2. In this writ petition, the petitioner has prayed for
the following relief:-
“(i) For issuance of an appropriate writ
/writs/,commanding / directing the concerned
respondents to make payment of her due salary for
the period of June, 2018 to December, 2019 and from
September, 2020 to till date to the petitioner.
(ii) For issuance of an appropriate
writ/writs, commanding / directing the respondents to
make payment of the regular salary to the petitioner
as are paid to the similarly situated other teachers
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works in the said School.
(iii) For issuance of appropriate writ/ writs,
directing the respondents to make payment of interest
@ 12% per annum on the entire due salary of the
petitioner.
(iv) For issuance of appropriate writ/ writs,
commanding / directing the respondents to allow the
petitioner to do her job of teacher without any
hindrance.
(v) For issuance of any other relief/ reliefs
for which petitioner is found entitled to the facts and
circumstances of the case.”
3. Counsel for the petitioner submits that for payment
of due salary for the period June, 2018 to December, 2019 and
from September, 2020 to till date, the petitioner, who is a
Panchayat Teacher, is said to have filed applications for
redressal of his grievance before the authorities concerned but,
for the unexplained reasons, till date, the same has not been
adjudicated and are pending.
4. On the other hand, counsel for the State submits
that the petitioner may be directed to file a fresh representation,
giving reference of the earlier applications along with a copy of
this order and, on filing of such representation, the authority
concerned may be directed to adjudicate the same.
5. Considering the aforesaid submissions of the
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parties, this Court directs the petitioner to file a detailed
representation along with a copy of this order before the District
Education Officer, Gayaji, within a period of four weeks from
today and, on filing of such representation, if the District
Education Officer, Gayaji, after verification, finds that the
petitioner has discharged the duties during the period as referred
in the writ petition, then there should not be any reason for
denying the same.
6. It is expected that once the issues are adjudicated
and the petitioner’s claim is found to be genuine then necessary
order shall be passed within a period of six weeks from the date
of filing of the representation.
7. Needless to say, if the petitioner is found to be
entitled for the due salary for the period aforesaid, the same
shall be paid to him within the same period.
8. With the aforementioned observations and
direction, the writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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