Patna High Court
Rana Ghanshyam SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed of by directing the District Education Officer, Munger, to dispose of the pending representation within three months, after hearing, and to pass a reasoned order.
Summary
The petitioner, a teacher, alleged that his salary had been withheld since February 2023 and filed a representation on 18 February 2026 before the District Education Officer (DEO) of Munger, which remained pending. He sought mandamus directing the respondents, various officials of the Bihar Education Department, to pay the arrears, updated salary, and statutory interest. The State did not oppose the petitioner's limited prayer. The Court, with the parties' consent, disposed of the writ application by ordering the DEO to dispose of the pending representation within three months, after granting the petitioner a hearing, and to verify the payment status of a similarly situated teacher. The DEO was further instructed to issue a reasoned order and, if the petitioner is found entitled, to extend the relief within an additional three months. All interlocutory applications, if any, were deemed disposed of.
Issues considered
- Whether the petitioner is entitled to mandamus directing payment of withheld salary, updated salary and interest.
- Whether the pending representation filed by the petitioner should be disposed of within a specified time frame with an opportunity of hearing.
Subjects
- salary arrears
- mandamus
- public servant
- education department
- writ jurisdiction
- pending representation
- interest on arrears
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5306 of 2026
======================================================
Rana Ghanshyam Singh S/o Late Rama Bodh Narayan Singh@Rana Bodh
Narayan Singh resident of village- Bindwara, P.S. Kashim Bazar, District-
Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director (Primary Education) Govt. of Bihar, Patna.
4. The District Magistrate Munger.
5. The District Education Officer, Munger.
6. The District Programe Officer, (Establishment) Munger.
7. Block Education Officer, Munger, Sadar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Kamal Nayan
For the State : Mr.Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 18-04-2026 Heard the learned counsel for the petitioner and
learned counsel appearing for the respondent-State.
2. With the consent of the parties, this writ application
is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for grant of following reliefs:-,
“(i) In the nature of mandamus for directing
and commanding the respondent authorities
to pay the salary to the petitioner, which has
been withhold since February 2023.
Patna High Court CWJC No.5306 of 2026(2) dt.18-04-2026
2/4
(ii) In the nature of mandamus for directing
and commanding the respondent authorities
to pay the updated of salary to the
petitioner.
(iii) For the issuance of mandamus for
directing and commanding the respondent
authorities to pay the statutory interest on
arrears of salary to the petitioner.
(iv) For grant any other relief(s) which this
Hon'ble Court may deem fit and proper in
the facts and circumstances of the case.”
4. After advancing some argument, the learned
counsel for the petitioner submits that for seeking the aforesaid
relief(s), the petitioner has already filed a representation dated
18.02.2026 before the District Education Officer, Munger, and
the same continues to be pending. The said representation has
been brought on record by way of Annexure-4 series. He,
therefore, submits that an appropriate direction be issued to the
District Education Officer, Munger to dispose of the pending
representation of the petitioner dated 18.02.2026, within a fixed
time-frame, after giving an opportunity of hearing to the
petitioner. He also informs the Court that similarly situated
teacher, namely, Musarat Praveen is being paid by the
respondents.
5. To the aforesaid submission made by the learned
Patna High Court CWJC No.5306 of 2026(2) dt.18-04-2026
3/4
counsel for the petitioner, learned counsel appearing for the
respondent-State does not have any objection.
6. Considering the limited nature of prayer made by
the learned counsel for the petitioner, this writ application is
disposed of, directing the District Education Officer, Munger to
dispose of the pending representation of the petitioner dated
18.02.2026 within three months from the date of
receipt/production of a copy of this order, after giving an
opportunity of hearing to the petitioner. While disposing of the
pending representation of the petitioner, the District Education
Officer, Munger will verify as to whether similarly situated
teacher, namely, Musarat Praveen is being paid by the
respondents or not, and if the similarly situated teacher is being
paid, then accordingly taking that into account, the final order
shall be passed while disposing of the representation of the
petitioner.
7. Needless to emphasize that the final order, which
shall be passed by the District Education Officer Munger,
should be a reasoned and speaking order, and in case the
petitioner is found entitled to the reliefs, which the petitioner is
claiming through the representation, the same should be
extended to the petitioner within a further period of three
Patna High Court CWJC No.5306 of 2026(2) dt.18-04-2026
4/4
months from the date of passing of the final order.
8. With the aforesaid observation/direction, this writ
application stands disposed of.
9. All pending interlocutory application(s), if any,
shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J)
HR/-
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