Patna High Court
Rita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The writ petition is disposed, with the court directing the District Programme Officer to consider the petitioner’s salary claim and pass an order within eight weeks.
Summary
Rita Kumari, a Vishisht Teacher, applied to join a primary school in Madhubani but was initially refused despite an order from the District Education Officer. She later joined the school, but the government failed to pay her salary for the period from 2 January 2025 to 14 April 2025. She filed a writ petition seeking a mandamus directing the respondents to accept her joining retrospectively and to pay the pending salary. The court noted that the joining issue had been resolved and limited its intervention to the salary claim. It directed the District Programme Officer (respondent No. 4) to examine the salary grievance and issue an appropriate order within eight weeks, and disposed of the writ petition.
Issues considered
- What relief, if any, is the court entitled to grant regarding the petitioner’s claim for unpaid salary for the period 2 January 2025 to 14 April 2025?
Subjects
- public service appointment
- salary dues
- mandamus
- writ petition
- education department
- employment grievance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6358 of 2025
======================================================
Rita Kumari wife of Dinesh Kumar Lal Das, D/o Shivnath Chaudhary,
Resident of Village-Balat, P.S.-Rahika, District-Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Vikash Bhawan, Sachiwalaya Bailey Road,
Patna.
2. The Director Primary Education, Govt. of Bihar, Vikash Bhawan,
Sachiwalaya Bailey Road, Patna.
3. The District Education Officer, Sadar Sub Divisional Campus, Madhubani.
4. The District Programme Officer, Establishment, Sadar Sub Divisional
Campus, Madhubani.
5. The Block Education Officer, Panchayati Raj Office, Basopatti West,
Basopatti, Madhubani.
6. The Principal in Charge, Primary School, Mansingpatti, Block Basopatti,
District Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Das
For the Respondent/s : Mr.Government Pleader (20)
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 10-02-2026 Heard learned Advocates for the respective parties.
2. The petitioner has approached this Court for the
following reliefs:
“(i) For issuance of a writ/writs/direction in the
nature of mandamus directing and commanding the
of Tuition respondent to accept the joining of
petitioner as a Vishisht Teacher in a Primary
School, Mansinghpatti, Basobati District
Madhubani retrospectively from02.01.2025.
Whereby, when petitioner had gone to
submit joining before respondent no. 6 but she has
not accepted her joining as a Vishisht Teacher,
even respondent no. 3 issued letter to respondent
no. 6 to accept petitioner joining but she refused
and not complied the order of respondent no. 3.
ii. For issuance of a writ in the nature of
mandamus directing and commanding the
respondent to pay the salary from 02.01.2025 to
Patna High Court CWJC No.6358 of 2025(3) dt.10-02-2026
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petitioner.
iii. For issuance of any other relief or reliefs which
the Hon'ble court may deem fit and proper in the
fact and circumstances of the case.”
3. At the outset, learned Advocate for the petitioner
submitted that with respect to the grievance pertaining to joining
of the petitioner, now the same has already been redressed and
the petitioner has been allowed to join in the Primary School,
Basopatti; however till date the petitioner has not been allowed
the salary for the period from 02.01.2025 till 14.04.2025.
4. Considering the limited grievance of the petitioner,
this Court directs the respondent No. 4 to look into the
remaining grievance of the petitioner pertaining to the due
salary for the period afore noted and pas appropriate order,
preferably within a period of eight weeks from the date of
receipt/production of a copy of this order.
5. The writ petition stands disposed of with the
aforesaid observation and direction.
(Harish Kumar, J)
Anjani/-
U
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