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Patna High Court

Rani KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the writ application, granting the petitioners liberty to file representations before the college authorities and directing those authorities to dispose of the representations within a stipulated period.

Summary

The petitioners, a group of employees of Akshyavat College, filed a writ petition seeking immediate release of their salaries, clearance of arrears, and protection from interference in their duties. They offered to first file representations before the college Principal and Secretary, requesting that these authorities decide the matter within a fixed period. The respondents, including the State of Bihar and the university, raised no objection to this approach. The Court, noting the limited nature of the prayer, disposed of the writ by granting the petitioners liberty to file the representations within two weeks and directing the college authorities to dispose of them within six weeks, with a reasoned order. The Court emphasized that if the representations establish the petitioners' entitlement, the college must extend the salary benefits accordingly.

Issues considered

  • What relief, if any, can the Court grant for the petitioners' claim of unpaid salary and arrears?
  • Whether the petitioners must first pursue administrative representation before the college authorities before seeking judicial intervention?
  • Whether the Court can direct the college authorities to decide the petitioners' claims within a stipulated timeframe.

Subjects

  • salary arrears
  • writ petition
  • public servant
  • education department
  • representation
  • procedural direction
  • court disposal

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5754 of 2025
     ======================================================
1.    Rani Kumari Daughter of Sri Amarnath Sah, Resident of Village- Baghi,
      P.O. Baghi Harnarayan, P.S. Maniyari, District-Muzaffarpur.
2.   Shashi Bhushan Kumar Son of Sri Nandlal Ray Resident of Village Noor
     Mohammad Chak, P.O. and P.S. Mahua, District- Vaishali.
3.   Sanjeev Kumar Son of Nagendra Paswan resident of Village- Mahua
     Singhrai, P.O. P.S.- Mahua, District- Vaishali.
4.   Murli Manohar Joshi Son of Ram Anup Ray Resident of Village- Shahpur
     Maricha, P.S. Maniyari, District-Muzaffarpur.
5.   Manish Kumar Son of Parmeshwar Ray Resident of Village- Lohargama,
     P.O. Kateshwar, P.S.- Sakra, District-Muzaffarpur.
6.   Rakesh Kumar Son of Santlal Ray, Resident of Village- Sadapur Mahua, P.S.
     Maniyari, District- Muzaffarpur.
7.   Mantu @ Mantu Kumar Son of Ramchandra Ray Resident of Village-
     Ramaiya Jor, P.O. Mohiuddin Nagar R.S, Mohuuddin Nagar, District-
     Samastipur.
8.   Ranjeet Kumar Son of Sri Jawahar Ray Resident of Village and P.O.
     Madhaul, P.S. Mahua, District- Vaishali.
9.   Shiv Kumar Paswan Son of Lae Dahur Paswan Resident of Village- Tarari,
     P.S. Patori, District- Samastipur.

                                                        ... ... Petitioner/s
                                  Versus
1.   The State of Bihar through the the Seceary, Education Department,
     Government of Bihar, Patna.
2.   The Secretary, Education Department, Government of Bihar, Patna.
3.   The District Magistrate, Vaishali.
4.   The Sub Divisional Officer, Mahua, Vaishali.
5.   The Vice Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur.
6.   The Registrar, Bhim Rao Ambedkar Bihar University, Muzaffarpur.
7.   The Principal, Akshyvat College, Mahua, Vaishali.
8.   The Secretary, Akshayvat College, Mahua, Vaishali.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Sanjay Kumar@Maurya, Adv.
     For the Respondent/s   :       Mr. Government Pleader (18)
     For the University     :       Mr. Sriram Krishna, Adv.
                                    Mr. Shashank Shekhar Kunwar, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                           ORAL ORDER
         Patna High Court CWJC No.5754 of 2025(5) dt.24-03-2026
                                                     2/4




5   24-03-2026                 Heard learned counsel for the petitioners, learned

                   counsel appearing for Bhimrao Ambedkar Bihar University, and

                   learned counsel for respondents-State.

                               2. With the consent of the parties, the present writ

                   application is being disposed of at this stage itself.

                               3. In the present writ application the petitioners have

                   prayed for the grant of following reliefs:

                                                   “i. For a direction to the respondent to
                                                   release the salary of the petitioner
                                                   immediately and ensure the payment
                                                   of salary on a regular monthly basis
                                                   from hereafter.

                                                   ii. For a direction to the respondent to
                                                   clear any outstanding dues or arrears
                                                   of salary owed to the petitioners.

                                                   iii. For a direction to the respondent
                                                   concerned not to interfere in the
                                                   discharging the duty of the petitioner

                                                   iv. To pass any other order(s) as this
                                                   Hon'ble Court may deem lit and
                                                   proper in the interest of justice.”

                               4. After advancing some argument, learned counsel

                   for the petitioners submits that for seeking the aforesaid relief

                   the petitioners are prepared to file representations before the

                   Principal and before the Secretary of Akshyawat College,

                   Mahua, Vaishali (respondent nos.7 & 8). He further prays that if
Patna High Court CWJC No.5754 of 2025(5) dt.24-03-2026
                                            3/4




          such a representation is filed by the petitioners, the respondent

          nos.7 & 8 may be directed to dispose of the representation of the

          petitioners within a fixed time frame, after giving an opportunity

          of hearing to the petitioners.

                      5. To the aforesaid prayer being made by learned

          counsel for the petitioners, learned counsel appearing for

          respondent University and learned counsel for respondents-State

          do not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioners, this writ application

          is disposed of granting liberty to the petitioners to file an

          appropriate representation before the respondent nos.7 & 8,

          within two weeks from the date of passing of this order. If such

          representations are filed within the time stipulated, the

          respondent nos.7 & 8 are directed to dispose of the same,

          within a further period of six weeks from the date of receipt of

          the representation, after giving an opportunity of hearing to the

          petitioners.

                      7. Needless to emphasize that the final order which

          would be passed by the respondent nos.7 & 8 should be a

          reasoned and speaking order. It is further made clear that in

          case the petitioners are found entitled to the relief, which the
          Patna High Court CWJC No.5754 of 2025(5) dt.24-03-2026
                                                      4/4




                    petitioners would be claiming through its representation, then

                    appropriate steps would be taken by the respondent no.7 & 8 for

                    extending the said benefit to the petitioners.

                                8. With the aforesaid observation and direction and

                    liberty as granted, the present writ application stands disposed

                    of. Pending I.As, if any will be deemed to have been disposed

                    of.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
U


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