Patna High Court
Rani KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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
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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
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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
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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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