Patna High Court

Uday Prakash NarayanversusThe State of Bihar, through its Principal Secretary,

Decided: 9 April 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The Court held that the petitioner must first file a representation before the District Education Officer, who shall then adjudicate the claim and grant any due benefits.

Summary

The petitioner, a Panchayat Primary Teacher, filed a writ petition alleging non-payment of his salary and arrears since October 2022 and seeking interest. He claimed that despite discharging his duties, the respondents had failed to pay his dues. The State argued that the petitioner should first make a representation to the concerned authority for redress. The Court directed the petitioner to submit a detailed representation, along with the order, to the District Education Officer within four weeks, and the officer to adjudicate the claim within six weeks. The Court further ordered that any benefits found due be extended to the petitioner within the same timeframe. The writ application was consequently disposed.

Issues considered

What relief, if any, can the Court grant for non-payment of salary and arrears to a government teacher?
Whether the petitioner must first file a representation before the concerned authority before the Court can direct payment?

Subjects

salary arrears
government employee
writ jurisdiction
representation
payment of dues
interest
education department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5118 of 2026
                 ======================================================
                 Uday Prakash Narayan Son of Shri Pulkit Bhadeshwar, Resident of Village
                 and Post Office - Wayasi (Baisi) Ward No. 05, Block - Raghopur, Police
                 Station - Karjain, District- Supaul.
                                                                              ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar, through its Principal Secretary, Department of Education,
                  Patna.
           2.    District Magistrate-cum-Collector, Supaul.
           3.    District Education Officer, Supaul.
           4.    District Programme Officer, Establishment, Supaul.
           5.    Block Education Officer, Raghopur, Supaul.
           6.    Block Development Officer, Raghopur, Supaul.
           7.     Panchayat Secretary, Cum- Panchayat Appointment Unit, Gram Panchayat,
                  Wayasi, Raghopur, Supaul.
                                                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Raj Shekhar
                 For the Respondent/s   :        Standing Counsel (8)
                 ======================================================
                 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 pay current
                                  salary/ remuneration to the petitioner, as well as,
                                  arrears of salary/ remuneration from the period of
                                  the month of October, 2022 till now, with interest
                                  @ 10% p.a.
                                  (ii) For any other relief to which the petitioner is
                                  found entitled in the facts and circumstances of the
                                  case.


                               3. Learned counsel for the petitioner submits that
           Patna High Court CWJC No.5118 of 2026(2) dt.09-04-2026
                                                       2/2




                     despite discharging his duties on the post of Panchayat Primary

                     Teacher, the petitioner has not been paid his current salary/

                     remuneration, as well as the arrears of salary/ remuneration

                     from the month of October, 2022 till date.

                                 4. At this stage, learned counsel for the State submits

                     that the petitioner may be directed to file a representation before

                     the concerned authorities for redressal of his grievances.

                                 5. Considering the reliefs sought by the petitioner, this

                     Court directs the petitioner to file a detailed representation,

                     along with a copy of this order and all supporting documents,

                     before respondent no. 3 within a period of four weeks from

                     today. Upon receipt of such representation, respondent no. 3

                     shall consider and adjudicate the claim of the petitioner within a

                     further period of six weeks. The benefits for which the petitioner

                     is found entitled upon such adjudication shall be extended in his

                     favour within the same time frame.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                                    (Ajit Kumar, J)
shikha/-

U

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