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Patna High Court

Kaushal Kumar DubeyversusThe State of Bihar through

Decided
Disposal
DISPOSED

Holding

The High Court held that the dispute over the petitioner’s alleged work and salary entitlement must be resolved by a civil suit, and therefore dismissed the writ petition.

Summary

The petitioner, Kaushal Kumar Dubey, filed a writ petition seeking certiorari to quash a February 4 2025 order of the Bihar Panchayati Raj Department that rejected his representation on the ground that he had not worked between March 1 2023 and December 5 2023, and to prevent interference with his salary. The petitioner claimed to have worked during that period and submitted documentary proof, while the Department maintained that he had not worked. The Court noted the contradictory pleadings and evidence and held that the factual dispute over the petitioner’s work could not be decided by a writ but required a civil suit. Accordingly, the Court directed the petitioner to file a title suit in a competent civil court within 30 days, making the concerned parties parties to that suit, and ordered the civil court to determine the work‑related facts. The writ petition was therefore disposed of.

Issues considered

  • Whether the order dated 04‑02‑2025 rejecting the petitioner’s representation can be quashed by a writ of certiorari.
  • Whether the respondents may lawfully interfere with the petitioner’s salary pending determination of his work status.
  • Whether the High Court should direct the petitioner to resolve the factual dispute through a civil title suit.

Subjects

  • certiorari
  • writ petition
  • salary dispute
  • employment
  • title suit
  • Panchayati Raj Department
  • civil court
  • government employee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7384 of 2025
                 ======================================================
                 Kaushal Kumar Dubey Son of Lalta Prasad Dubey Resident of 28B/104
                 Allapur Allahabad Police Station George Town, District-Allahabad, (U.P).

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Additional Chief Secretary, Panchayati Raj
                 Department, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Panchayati Raj Department, Government of
                 Bihar, Patna.
           3.    The Special Work Officer, Panchayati Raj Department, Government of
                 Bihar, Patna.
           4.    The Deputy Development Commissioner- Cum-Executive Officer, Zila
                 Parishad, Buxar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Nirmal Kumar, Advocate
                 For the State          :       Mr. Asif Kalim (AC to AAG-12)
                 For the Resp. no.4     :       Mr. Vijay Shankar Upadhyay, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   07-04-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the State and learned counsel for the Zila Parishad,

                   Buxar.

                                 2. The present writ petition has been filed for issuance

                   of a writ in the nature of certiorari for the following relief/s:-

                                        “I. For quashing the order dated 04.02.2025
                                        by which the representation of the petitioner
                                        has been rejected on the ground that the
                                        petitioner has not worked with effect from
                                        01.03.2023 to 05.12.2023 on the basis of ‘No
                                        Work No Pay' and hence the representation of
                                        the petitioner has been rejected in light of the
Patna High Court CWJC No.7384 of 2025(3) dt.07-04-2026
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                                order passed by the Hon'ble High Court
                                passed in C.W.J.C. No. 15105 of 2024 by
                                which a direction was issued by the Hon'ble
                                High Court that the petitioner will file fresh
                                representation before the Additional Chief
                                Secretary,        Panchayati   Raj   Department,
                                Government of Bihar, Patna within 30 days
                                from today stating all his grievances and he
                                shall pass an order on the representation
                                within 90 days thereafter. If the petitioner has
                                found eligible for payment then the payment
                                be made within the said period and if not, the
                                Additional Chief Secretary, Panchayati Raj
                                Department, Government of Bihar, Patna will
                                pass a reasoned and speaking order in this
                                matter.
                                II. Further for issuance of a writ/writs
                                directing the respondents not to interfere with
                                the due salary of the petitioner when the
                                petitioner has worked and all his work with
                                absentee for the period 01.03.2023 and
                                October, 2023 to 05.12.2023 has been sent
                                through e-mail to the respondents from time to
                                time.
                                III. Further for any other relief/reliefs to
                                which the petitioner is found entitled to in the
                                facts and circumstances of the case.”


                      3. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.7384 of 2025(3) dt.07-04-2026
                                            3/4




          petitioner had moved earlier before this Court in C.W.J.C. No.

          15105 of 2024 which was disposed off vide order dated

          07.10.2024 directing the petitioner to file a fresh representation

          before the Additional Chief Secretary, Panchayati Raj

          Department, Bihar, Patna within 30 days stating all his

          grievances, who shall pass order on petitioner’s representation

          within 90 days thereafter. Counsel submits that in compliance of

          the direction made by this Court, the Panchayati Raj

          Department, Government of Bihar has passed order dated

          04.02.2025 contained in Memo No. 2043, but the petitioner is

          not satisfied with the said order and therefore, filed the present

          writ petition. Counsel further submits that by the said order

          dated 04.02.2025 contained in Memo No. 2043, the Panchayati

          Raj Department, Government of Bihar has denied any work

          done by the petitioner. Counsel submits that the petitioner has

          ample proof of having worked during the said period and has

          annexed those documents substantiating the same.

                      4. Learned counsel for the State, on the other hand,

          submits that the order dated 04.02.2025 contained in Memo No.

          2043 passed by the Panchayati Raj Department, Government of

          Bihar is a reasoned order and each and every aspect has been

          discussed in the said order that the petitioner has not worked
             Patna High Court CWJC No.7384 of 2025(3) dt.07-04-2026
                                                         4/4




                       during the relevant period.

                                   5. It is a unique situation before the Court in which

                       respondent authorities are claiming that the petitioner has not

                       worked but, on the other hand, petitioner is claiming that he has

                       worked and he has documentary proof also.

                                   6. In the light of contradictory pleadings and the

                       documents, this Court hereby directs the petitioner to file a title

                       suit before the competent civil court within 30 days from today.

                       The petitioner shall be at liberty to produce all the documents by

                       making all the concerned as party and the competent civil court

                       shall ascertain that whether the petitioner has worked during the

                       relevant period or not. The competent civil court is directed to

                       dispose of the title suit upon filing, as early as possible.

                                   7. Accordingly, this writ petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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