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Patna High Court

Ajit Kumar Singh,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the District Education Officer must adjudicate the petitioner’s claim for unpaid salary and arrears within the stipulated time, directing the petitioner to file a fresh representation.

Summary

The petitioner, a Panchayat Teacher appointed in 2005 and made permanent in 2006, claimed that his salary for the period 1 August 2010 to 22 April 2011 was not paid due to missing attendance records, and that subsequent salary payments were also delayed despite filing representations. He filed a writ petition seeking a direction to the respondents to process his pending salary, pay arrears with interest, and to adjudicate his earlier representations. The State argued that the petitioner should have approached the District Appellate Authority as directed in an earlier 2011 writ and that the court could merely order the authorities to decide the claim within a reasonable time. The Court noted the long delay, the petitioner’s continuous representations, and the absence of any adjudication, and therefore exercised its writ jurisdiction to direct the District Education Officer to consider the claim. It ordered the petitioner to file a fresh representation within four weeks and the authority to pass a reasoned order within eight weeks, with any admissible benefits to be paid promptly. Consequently, the writ application was disposed of with the above directions.

Issues considered

  • Whether the authorities are liable to pay the petitioner’s pending salary and arrears with interest for the period 1 August 2010 to 22 April 2011.
  • Whether the High Court can direct the concerned education officials to adjudicate the petitioner’s pending representations under writ jurisdiction.
  • Whether the petitioner should first approach the District Appellate Authority before filing the present writ petition.

Subjects

  • salary arrears
  • government employee
  • service rules
  • right to remuneration
  • writ jurisdiction
  • administrative delay
  • representation
  • interest on arrears

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5105 of 2026
                 ======================================================
                 Ajit Kumar Singh, Son of Late Ramdev Mandal, Resident of Vill-
                 Majarahiya, P.O.- Siripur, P.S.- Hathaudi, Distt.- Samastipur, (Bihar).

                                                                     ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Govt. of Bihar, Patna.
           2.    The Director, Primary Education, Govt. of Bihar, Patna.
           3.    The District Magistrate, Samastipur.
           4.    The District Education Officer, Samastipur.
           5.    The District Programme Officer (Establishment), Samastipur.
           6.    The Block Education Officer, Shivajinagar, District- Samastipur.
           7.    The Head Master, Naya Prathmik Vidyalaya, Mohanbhagi, District-
                 Samastipur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ravi Bhushan, Advocate
                 For the Respondent/s   :      Mr. Asit Kumar Jha, AC to GP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   09-04-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the State.

                               2. The instant writ application has been filed for the

                   following reliefs:-

                                  (i) For directing the respondents to dispose of the
                                  petitioner’s representations dated 19.01.2026 filed
                                  for release and payment of his salary of the period
                                  01.08.2010 to 22.04.2011 not paid to him in time in
                                  the absence of timely receipt of his absence from
                                  duty report. His salary for subsequent period was
                                  also delayed but after filing of CWJC No.8968 of
                                  2011 he was paid arrears of salary, but his salary
                                  of this period was not released and paid to him as
                                  yet, though on his representations verification of
Patna High Court CWJC No.5105 of 2026(2) dt.09-04-2026
                                            2/4




                          his working was made but till day he has not been
                          paid salary of that period. The petitioner
                          apprehends that non-payment of salary for this
                          period may adversely be interfered in future
                          service. He filed representation dated 19.01.2026
                          to all respondents under registered post but no
                          order is being communicated on it. The petitioner,
                          by exercising Right to Information has tried to
                          know order on his representation but nothing has
                          been communicated to him as yet.
                          (ii) For directing the respondents to pay his arrears
                          of salary along with interest at the rate of 12% per
                          annum (or any other rate deemed fit by this Court)
                          on the arrears o salary for the aforesaid period
                          from the date it became due till the date of actual
                          payment.
                          (iii) Any other order(s) as this Court may deem fit
                          and proper in the facts and circumstances of the
                          case.


                      3. Learned counsel for the petitioner submits that the

          petitioner is discharging his duties as a Panchayat Teacher at

          Upgraded Middle School, Sripur Majrahia. He was initially

          appointed in the year 2005 and was made a permanent teacher

          with effect from 01.07.2006, as per the notification of the

          Human Resources Department, vide Notification No. 7/Niyojan-

          3-02/06-974/Patna dated 01.07.2006. It is the case of the

          petitioner that he has been in regular and continuous service,

          discharging his duties in different Government schools under the

          control and supervision of the respondents. He was posted on

          deputation at Naya Prathmik Vidyalaya, Mohanghatti in the year
Patna High Court CWJC No.5105 of 2026(2) dt.09-04-2026
                                            3/4




          2010, where, due to the absence of attendance and work records,

          he did not receive salary for the period 01.08.2010 to

          22.04.2011, and on several occasions for several months. The

          petitioner is said to have filed various representations before the

          Block Education Officer, Shivajinagar, Samastipur, but the same

          have not been adjudicated till date.

                      4. On the other hand, learned counsel for the State

          submits      that    since     the      petitioner   has   already   filed

          representations, appropriate directions may be issued to the

          authorities to adjudicate the claim of the petitioner within a

          stipulated time frame. He further submits that the petitioner had

          earlier approached this Court by filing writ application being

          CWJC No. 8968 of 2011, wherein he was directed to prefer an

          appeal before the District Appellate Authority, Samastipur, for

          redressal of his grievances. However, from the pleadings made

          in the present writ application, it does not appear that the

          petitioner has approached the said authority. He does not dispute

          the fact that the petitioner has been continuously making

          representations before the authorities for redressal of his

          grievances, which have not been adjudicated till date.

                      5. Be that as it may, considering the fact that earlier

          writ petition was filed 15 years back and much water has flown,
           Patna High Court CWJC No.5105 of 2026(2) dt.09-04-2026
                                                       4/4




                     and the adjudication can be made on basis of official records

                     after verification, this Court directs the District Education

                     Officer, Samastipur, to consider and decide the claim of the

                     petitioner with respect to payment of salary for the period

                     referred to hereinabove. The petitioner shall file a fresh

                     representation before the said authority within a period of four

                     weeks from today, along with all supporting documents. Upon

                     receipt of such representation, the authority shall pass a

                     reasoned order within a period of eight weeks thereafter. Any

                     benefits found admissible to the petitioner upon such

                     adjudication shall be extended to him within the same time

                     frame.

                                 6. With the aforesaid observations and directions, the

                     writ application stands disposed of.



                                                              (Ajit Kumar, J)
shikha/-

U


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