Patna High Court

Manoj KumarversusThe State of Bihar through the Chief Secretary,

Decided: 23 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court held that the petitioners must file a collective representation before the District Magistrate, who shall pass a reasoned order within 90 days.

Summary

The petitioners, ten individuals employed as Nal‑Jal Anurakshak in various villages of Taraiya Block, Saran district, filed a writ petition seeking payment of pending remuneration and related benefits from the State of Bihar. They relied on a letter dated 14‑08‑2024 issued by the Principal Secretary of the Public Health & Engineering Department, which directed payment but was not acted upon despite multiple representations to the Block Development Officer. The State argued that the matter should be decided after considering the petitioners' representations. The Court examined the correspondence and found that the administrative process had not been exhausted. Consequently, the Court directed the petitioners to file a collective representation before the District Magistrate of Saran within 30 days, and ordered the Magistrate to issue a reasoned order on the representation within 90 days.

Issues considered

Whether the petitioners are entitled to the pending remuneration and benefits as Nal‑Jal Anurakshak under the government scheme.
Whether the Court can directly award the payment or must direct the petitioners to pursue administrative remedy before the District Magistrate.

Subjects

writ petition
payment of dues
government employees
Nal‑Jal scheme
administrative remedy
Public Health & Engineering Department
Bihar
District Magistrate
Civil writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6121 of 2026
     ======================================================
1.    Manoj Kumar Son of Har Narayan Sah, Resident of Village - Bagahi, P.O.
      Pokhrera, P.S. - Taraiya, District- Saran at Chapra - 841424.
2.   Manoj Kumar Singh Son of Dhupan Singh Resident of Village - Sirmi, P.O.
     Taraiya, P.S. Taraiya, District- Saran at Chapra - 841424.
3.   Shiv Kumar Raut Son of Laxman Rout Resident of Village - Galimapur, P.O.
     Taraiya, P.S. Taraiya, District- Saran at Chapra - 841424.
4.   Rohit Kumar, Son of Harendra Mahto, Resident of village- Sani Kharati,
     P.O.- Taraiya, P.S. Taraiya, District- Saran at Chapra.- 841424.
5.   Jay Kishor Ram, Son of Ramdev Ram, Resident of village- Chainpur, P.O.-
     Taraiya, P.S. Taraiya, District- Saran at Chapra-841424.
6.   Guddu Kumar Bhagat, Son of Shankar Bhagat, Resident of village-
     Shitalpatti, P.O. and P.S.- Taraiya, District- Saran at Chapra-841424.
7.   Vijay Singh, Son of Harinarayan Singh, Resident of village- Chainpur, P.O.-
     Taraiya, P.S. Taraiya, District- Saran at Chapra-841424.
8.   Hawal Sah, Hawal Sah, Son of Late Sahdev Sah, Resident of village
     Pokhrera, P.O.-Pokhrera, P.S. Taraiya, District- Saran at Chapra-841424.
9.   Sarvjeet Kumar Sharma, Son of Sitaram Sharma, Resident of village Lauwa,
     P.O.-Lauwa, P.S.- Taraiya, District- Saran at Chapra-841424.
10. Amit Kumar Singh, Son of Shatrudhan Singh, Resident of village-
    Pachbhinda, P.O.- Pachbinda, P.S. Taraiya, District- Saran at Chapra-
    841424.

                                                               ... ... Petitioner/s

                                       Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Main
     Secretariat, Patna.
2.   The Additional Chief Secretary, Department of Panchayati Raj, Government
     of Bihar, New Secretariat, Patna.
3.   The Additional Chief Secretary, Department of Public, Health and
     Engineering, Government of Bihar, New Secretariat, Patna.
4.   The Divisional Commissioner, Saran Division, Chapra.
5.   The Collector-cum-District Magistrate, Saran at Chapra.
6.   The Deputy Development Commissioner, Saran at Chapra.
7.   The District Panchayat Raj Officer, Saran at Chapra.
8.   The Executive Engineer, Public Health Division, Saran at Chapra.
Patna High Court CWJC No.6121 of 2026 dt.23-04-2026
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  9.    The Executive Engineer, Electric Supply Division, Saran at Chapra.
  10. The Block Development Officer, Taraiya Block, Saran.
  11. The Authorized Officer, relating to Circulation of Nal-Jal Scheme, Taraiya
      Block, Saran.
  12. The Mukhiya of concern Gram Panchayat Raj Under Taraiya Block in the
      District of Saran.
  13. The Secretary of concern Gram Panchayat Raj Under Taraiya Block in the
      District of Saran.
  14. The Chairman, Ward Kriyanwan Evam Prabandhan Samiti of Concern Gram
      Panchayat Raj under Taraiya Block in the District of Saran.
  15. The Secretary, Ward Kriyanwan Evam Prabandhan Samiti of Concern Gram
      Panchayat Raj under Taraiya Block in the District of Saran.

                                                                     ... ... Respondent/s

       ======================================================
       Appearance :

       For the Petitioner/s      :      Mr. Jeetendra Narayan, Advocate

       For the Respondent/s      :      Mr. Standing Counsel (4)

       ======================================================
       CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                 ORAL JUDGMENT

       Date : 23-04-2026

                              Learned Counsel for the petitioners and learned

         Counsel for the State are present.

                              2. The present writ petition has been filed by the

         petitioners directing the respondent for payment/remuneration

         with all consequential benefits to the petitioners, who are

         working         as      Nal-Jal      Anurakshak           under     different

         Panchayat/Village of Tariya Block in the district of Saran,

         whose long standing payments are due before the respondent

         authorities.
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                            3. Learned Counsel for the petitioners submits

         that the genesis of his demand is Annexure-P/6, i.e., letter No.26

         dated 14.08.2024, which was issued from the Principal

         Secretary of Public Health & Engineering Department,

         Government of Bihar, to the District Magistrate contained in

         Memo No.26 dated 14.08.2024. Learned Counsel for the

         petitioners submits that series of representations have been filed

         to the concerned B.D.O., but payment has not been made to the

         petitioners. As such, petitioners have no option but to move

         before this Court.

                            4. Learned Counsel for the State submits that a

         direction may be given to take decision on the representations of

         the petitioners.

                            5. It transpires to this Court that genesis of the

         demand as prayed is Annexure-P/6 i.e., letter No.26 dated

         14.08.2024, which is a letter being scanned hereunder:-
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Patna High Court CWJC No.6121 of 2026 dt.23-04-2026
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                            6. In this background, respondent No.3, the

         Additional Chief Secretary, Department of Public Health &

         Engineering, Government of Bihar, previously known as

         Principal Secretary, issued letter to all District Magistrates.
             Patna High Court CWJC No.6121 of 2026 dt.23-04-2026
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                                         7. In this view of the matter, all the petitioners

                      are directed to file a collective representation before the District

                      Magistrate, Saran at Chapra (respondent No.5) within 30 days

                      from today along with a copy of this order and District

                      Magistrate shall pass a reasoned and speaking order on the

                      representation filed by the petitioners within 90 days from the

                      date of receipt/production of a copy of this order.




                                                                    (Dr. Anshuman, J)
Mkr./-
AFR/NAFR                   NAFR
CAV DATE                   NA
Uploading Date             24.04.2026
Transmission Date

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