Patna High Court
Ajit Kumar Singh,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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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
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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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