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Patna High Court

Kailash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court did not grant the monetary relief but directed the petitioner to file a fresh representation and the respondent authority to decide within 90 days, thereby disposing of the writ petition.

Summary

Kailash Kumar, a suspended government employee, filed a writ petition seeking payment of salary arrears for July 2018 and March‑April 2020, and subsistence allowance from March 2021 onward. He claimed that multiple representations to the concerned authorities had been ignored. The State argued that the court could merely direct the administration to dispose of his pending representations within a reasonable time. The Patna High Court ordered the petitioner to file a fresh representation before the District Magistrate of Gaya and directed the Block Development Officer to issue a reasoned order within 90 days of receipt. No substantive order on the claim for arrears was made and the petition was disposed.

Issues considered

  • What relief, if any, is available to a suspended government employee for pending salary arrears and subsistence allowance under administrative law?
  • Can the court direct the filing of a fresh representation and prescribe a time‑frame for the administrative authority to decide?

Subjects

  • writ petition
  • salary arrears
  • suspension
  • administrative representation
  • direction to authority
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.5410 of 2025
                 ======================================================
                 Kailash Kumar Son of Late Krishan Deo Singh, Resident of Village-
                 Abdulpur, P.S.- Rafiganj,

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, General
                 Administration Department, Government of Bihar, Patna.
           2.    The District Magistrate, Gaya.
           3.    The Deputy Collector (Establishment), Gaya.
           4.    The Block Development Officer, Bodh Gaya, District- Gaya.
           5.    The Block Development Officer, Town Block, Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Suraj Narain Yadav, Advocate
                 For the Respondent/s   :     Mr.Addl. Advocate General (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-03-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for payment

                   of arrears of salary for the months of July, 2018 and March,

                   2020 to April, 2020, as well as for payment of subsistence

                   allowance from 16.03.2021 till date, during which period the

                   petitioner has remained under suspension.

                               3. Learned counsel for the petitioner submits that for

                   redressal of his grievance, the petitioner has submitted several

                   representations before the concerned authority, but no decision

                   has been taken thereon till date.
            Patna High Court CWJC No.5410 of 2025(2) dt.23-03-2026
                                                        2/2




                                  4. Learned counsel for the State submits that a

                      direction may be given for disposal of representation of the

                      petitioner within stipulated time frame.

                                  5. In the aforesaid background, the petitioner is

                      directed to file a fresh representation before respondent No. 2,

                      namely, the District Magistrate, Gaya, along with a copy of this

                      order, within 30 days from today. Upon receipt of the

                      representation, respondent No. 4 is directed to take a decision

                      thereon within 90 days from the date of its filing, by passing a

                      reasoned and speaking order.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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