Patna High Court
Priyanka KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court did not grant the writ of mandamus but ordered the District Programme Officer to adjudicate the petitioners' claim after receiving detailed representations.
Summary
The petitioners, two widowed women who completed D.El.Ed training from NIOS in 2019, filed a writ seeking a mandamus directing the State of Bihar to pay their salary arrears from May 2019 to June 2024, with interest and attachment to their late husbands' posts. They alleged that similarly situated teachers in other districts had received such benefits, while their applications remained pending. The State argued that the pending representations should be adjudicated by the appropriate authority. The High Court declined to issue a mandamus, instead directing the District Programme Officer to invite detailed representations from the petitioners within four weeks and to decide the claim within six weeks, extending any benefits if they are found entitled. The writ application was therefore disposed of with these procedural directions.
Issues considered
- Whether the court should issue a writ of mandamus directing payment of salary arrears to the petitioners.
- Whether the petitioners are entitled to arrears of salary and interest based on their completion of D.El.Ed training from NIOS.
- Whether the principle of equality with similarly situated teachers in other districts mandates the payment of arrears.
Subjects
- mandamus
- salary arrears
- D.El.Ed
- NIOS
- equality
- public service
- writ jurisdiction
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.658 of 2026
======================================================
1. Priyanka Kumari Wife of Late Dablu Kumar, D/o Sakendra Mishra,
Resident of Village- Ahiroliya, Rajapur, P.S- Kotwa, District- East
Champaran, Motihari at present posted at N.P.S. Schedule Cast Vriti Tola,
Rajapur, Block- Kotwa, District- East Champaran, Motihari.
2. Abha Devi, Wife of Late Ashok Kumar Verma, Resident of Mohalla- Gyatri
Nagar, Ward No.36, P.S., Town, District- East Champaran, Motihari at
present posted G.M.S. Rajapur Panchayat, Ahiraliya, P.S.- Kotwa, District-
East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Education Department,
Govt. of Bihar, Patna.
2. The Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The Regional Deputy Director of Education, Muzaffarpur.
5. The District Education Officer, East Champaran, Motihari.
6. The District Programme Officer (Estab.), East Champaran, Motihari.
7. The Block Education Officer, Kotwa, East Champaran, Motihari.
8. The Panchayat Secretary-cum-Teacher Emploment Committee, Ahirouliya
Block- Kotwa, East Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
Mr. Sumit Kumar Gupta, Adv.
Ms. Isha Mishra, Adv.
For the Respondent/s : Mr. Vivek Prasad, GP7
Mrs. Manisha Singh, AC go GP7
Ms. Mita Kumari, Assisting GP7
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 19-01-2026 In this writ application, the petitioners have prayed for
the following relief:-
Patna High Court CWJC No.658 of 2026(2) dt.19-01-2026
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“1. That this writ application is being filed for following
reliefs:-
i) For issuance of writ nature of nature of
mandamus for direction to the respondents pay the
arrear of salary to the petitioners from 22.05.2019
to June, 2024 for which petitioners filed an
application before the Respondents, on the ground,
they have completed D.El.Ed. training from the
Session 2017-19 from NIOS (National Institute of
Open Schooling) and passed in the year 2019.
ii) For further issue direction to the Respondents to
pay the arrear of the salary from 22.05.2019 to
June, 2024 on the ground similarly situated other
teachers, who have completed training from the
NIOS in the session 2017-2019.
iii) For further issue direction to the respondents to
pay due arrear of salary to the petitioners along
with the 8% interest per annum to till date of full
and final payment.
iv) For further give other legal consequential
benefit to the petitioners to the attached to the post
of her husband.”
2. Learned counsel for the petitioners submits that for
payment of arrears of salary to the petitioners, which are said to
have completed D.El.Ed. training for the session 2017-2019
from National Institute of Open Schooling and having
completed the said training in the year 2019, still, for no
obvious reason, the same benefits have not been allowed in
Patna High Court CWJC No.658 of 2026(2) dt.19-01-2026
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favour of the petitioners, while others similarly situated persons,
in different districts, have been allowed the same. It is next
submitted that for getting their claim adjudicated in terms of the
training so obtained from recognized institution, representations
have already been filed by the petitioners vide Annexure-5
Series, which are still pending for consideration.
3. On the other hand, learned counsel, representing
the State, submits that if such representations are still pending
then the authority concerned may be directed to adjudicate the
same.
4. Considering the submissions of the parties, this
Court finds it appropriate to direct the respondent no.6, the
District Programme Officer (Estab.), East Champaran, Motihari,
to adjudicate the claim of the petitioners, who are directed to file
detailed representation, appending supporting materials within a
period of four weeks from today.
5. It is expected that on filing of such representations
by the petitioners, the respondent no.6 shall adjudicate the same
within a further period of six weeks. After adjudication, if the
petitioners are found entitled in similar terms as that have been
allowed in favour of other similarly situated persons of different
district, the same benefits shall also be extended to the
Patna High Court CWJC No.658 of 2026(2) dt.19-01-2026
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petitioners within the same period.
5. With the aforesaid observations and direction, the
writ application stands disposed of.
(Ajit Kumar, J)
rishi/-
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