Patna High Court
Shailendra Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The petition is dismissed because the claim is barred by inordinate delay and cannot be entertained under writ jurisdiction.
Summary
The petitioner, Shailendra Kumar Verma, filed a writ petition seeking payment of salary arrears for a period from October 2001 to July 2006 and reinstatement with benefits. The State of Bihar raised a preliminary objection, contending that the relief sought arose in 2006 while the petition was filed in 2025, and that no explanation for the delay was provided. The Court examined the delay and the principle that writ relief cannot be granted for claims that are barred by limitation or have become stale. Finding the petition to be hopelessly delayed and unsupported, the Court declined to grant any writ relief. The petitioner was given liberty to approach the department, but the writ petition was dismissed.
Issues considered
- The petition seeks relief for salary arrears and reinstatement for a period ending in 2006, filed in 2025.
- Whether the delay of nearly two decades defeats the petitioner's claim under writ jurisdiction.
- Whether the Court can entertain a writ petition for a claim that is time-barred or stale.
Subjects
- writ jurisdiction
- limitation period
- salary arrears
- reinstatement
- administrative law
- delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7394 of 2025
======================================================
Shailendra Kumar Verma Son of Late Loknath Prasad, Resident of
Village/Mohalla- Saida Bajar, Hilsa, P.O. and P.S.- Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Secretary, Department of Secondary Primary and Adult Education,
Government of Bihar, New Secretariat, Vikash Bhawan, Bailey Road, Patna.
3. The Deputy Secretary, Department of Secondary Primary and Adult
Education, Government of Bihar, New Secretariat, Patna.
4. The Director, Secondary Primary and Adult Education, Government of
Bihar, Patna.
5. The Secretary, Welfare Department, Government of Bihar, Patna.
6. The Director, L.C.D.S., Department of Welfare, Government of Bihar, Patna.
7. The District Mass Education Officer, Biharsharif, District- Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. K.C. Pandey, Advocate
For the Respondent/s : Mr. Randhir Kumar, AC to SC-18
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
“That this is an application for
issuance of an appropriate writ or writs
commanding and directing the respondents
to pay the arrears of salary to the petitioner
from the date of termination of their service
with effect from 01.10.2001 to 30.07.2006
Patna High Court CWJC No.7394 of 2025(2) dt.30-03-2026
2/2
(04 years 10 months) re-instatement case of
petitioner with all consequential benefits
monetary as well as promotional. The
respondents may further be directed to
absorb the service of petitioner in present
department instead of their continuance in a
scheme known as I.C.D.S. under the Welfare
Department.”
3. Learned counsel for the State raised preliminary
objection and submits that the petitioner has sought relief which,
according to him, arose in the year 2006, but the present writ
petition has been filed in the year 2025. He further submits that,
in the entire writ petition, it has not been explained why such
delay has taken place.
4. In this background, this Court is not inclined to
grant any relief in this matter. However, liberty is hereby
granted to the petitioner that, if so advised, he may pursue the
matter before the department.
5. Accordingly, the present writ petition stands
dismissed.
(Dr. Anshuman, J.)
Aman Kumar/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.