Patna High Court
Alok Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed by granting the petitioner liberty to file a representation before the Block Development Officer, with specified timelines, without adjudicating the substantive constitutional claims.
Summary
Alok Kumar Singh filed a writ petition alleging that the non‑payment of his salary arrears since January 2022 violated Articles 14, 16, 21 and 23 of the Constitution. He sought a direction that the Block Development Officer, Nawanagar, Buxar entertain his representation and decide the matter within a fixed period, also requesting a reasoned order. The State of Bihar raised no objection to this limited prayer. The Court, with the parties’ consent, disposed of the writ by granting the petitioner liberty to file his representation before the Block Development Officer within one month and directing that the officer decide the representation within three months, issuing a reasoned order and, if relief is granted, implement it within four months. No substantive determination on the constitutional issues was made. The writ application was therefore dismissed as a petition, with the procedural liberty granted.
Issues considered
- Whether the non‑payment of salary arrears violates Articles 14, 16, 21 and 23 of the Constitution.
- Whether the High Court can direct the Block Development Officer to entertain a representation and decide it within a stipulated time.
Subjects
- salary arrears
- writ jurisdiction
- administrative law
- natural justice
- constitutional rights
- Articles 14
- Articles 16
- Articles 21
- Articles 23
- representation
- Block Development Officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.614 of 2026
======================================================
Alok Kumar Singh S/O Rameshwar Singh, P.O/P.S- Gazipur, District-
Gazipur, At present R/o Gram- Semariya, P.O -Mohan Darwan, Semaria,
Kaimur (Bhabua), Bihar-821108
... ... 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 Under Secretary, Education Department, Govt. of Bihar, Patna.
4. The Director, Education Department, Govt. of Bihar, Patna.
5. The Block Development Officer, Nawanagar, Buxar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar Singh
For the Respondent/s : Mr.Addl. Advocate General (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the respondent-State.
2. With consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner in paragraph No.2 of the writ
application has prayed for grant of following relief :-
“2. That the present writ application is, inter
alia, based on the ground that non-payment of the
arrears of salary w.e.f. January, 2022 is
unconstitutional, unwarranted, illegal, uncalled for
malafide and bad in the eyes of law as well as on facts
also. Such action on the part of the respondents is also
violative of Articles 14, 16, 21 & 23 of the Constitution
of India and is further in breach of the principles of
Patna High Court CWJC No.614 of 2026(2) dt.19-01-2026
2/3
natural justice.”
4. After advancing some argument, learned counsel
for the petitioner submits that for the aforesaid relief claimed in
the present writ application, the petitioner is prepared to file
detail representation before the Block Development Officer,
Nawanagar, Buxar (respondent No.5). He accordingly prays
that the petitioner would be satisfied if an appropriate direction
could be issued by this Court to Block Development Officer,
Nawanagar, Buxar (respondent No.5) to entertain his application
and dispose of the same after giving an opportunity of hearing
to the petitioner within a fixed time frame.
5. To the aforesaid submissions made by learned
counsel for the petitioner, learned counsel appearing on behalf
of the respondent-State do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
stands disposed of granting liberty to the petitioner to file
representation before the Block Development Officer,
Nawanagar, Buxar (respondent No.5) within one month from
the date of passing of this order and if such representation is
filed by the petitioner, the same shall be disposed of by the
Block Development Officer, Nawanagar, Buxar (respondent
Patna High Court CWJC No.614 of 2026(2) dt.19-01-2026
3/3
No.5) within a maximum period of three months from the date
of filing of the representation after giving an opportunity of
hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the Block Development Officer, Nawanagar,
Buxar (respondent No.5) should be reasoned and speaking
order. It is further made clear that in case the petitioner is found
entitled to the relief which the petitioner would be claiming in
the representation, the same should be extended to the petitioner
within a further period of four months from the date of passing
of the final order by the Block Development Officer,
Nawanagar, Buxar (respondent No.5).
8. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
9. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
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