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Patna High Court

Akbar AliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is not entitled to payment of salary arrears for the period he did not work; only notional salary is payable.

Summary

The petitioner, Akbar Ali, a former volunteer teacher, filed a writ petition seeking payment of arrears of salary from 5 August 2015 to 28 February 2023, alleging that his representation to the District Programme Officer had not been acted upon. The State argued that the relief could not be granted in view of earlier judgments, particularly CWJC No. 16495 of 2018, which incorporated the principle that employees are entitled only to notional salary for periods they did not work (‘no work, no pay’). The Court examined the earlier decisions in Md. Ejaz Kausar Khan & Ors. v. State of Bihar (CWJC No. 11447 of 2018) and Akbar Ali v. State of Bihar (CWJC No. 9848 of 2018), reaffirming that reinstated teachers receive continuity of service but only notional pay for non‑working periods. Accordingly, the Court held that the petitioner is not entitled to the claimed salary arrears and may only receive notional salary, while he may continue as a regular teacher. The petition was disposed of, with the Court directing the petitioner to file a fresh representation if he can prove termination in 2018.

Issues considered

  • Whether the petitioner is entitled to arrears of salary for the period he was not in service under the principle of ‘no work, no pay’.
  • Whether the earlier judgments on reinstatement and notional salary are applicable to the present petition.
  • Whether a writ of mandamus can be issued directing the respondents to pay the claimed salary arrears.

Subjects

  • arrears of salary
  • mandamus
  • no work no pay
  • reinstatement
  • service continuity
  • education department
  • public service
  • writ petition
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7594 of 2025
                 ======================================================
                 Akbar Ali Son of Abdul Kalam, Resident of Village- Ekma, P.O.- Dih Jevat,
                 Gram Panchayat dih Jeevar, P.S.- Aurai, District- Muzaffarpur.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through Principal Secretary, Education Department, Govt.
                 of Bihar, Patna.
           2.    The Secretary, Education Department, Govt. of Bihar, Patna.
           3.    The Director, Mass Education, Education Department, Govt. of Bihar, Patna.
           4.    The District Magistrate, Muzaffarpur.
           5.    The District Education Officer, Education Department, Muzaffarpur.
           6.    The District Program Officer, Secondary Education and Literacy,
                 Muzaffarpur.
           7.    The Block Education Officer, Aurai, District- Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Yugal Kishore, Advocate
                 For the Respondent/s   :        Mr. Government Pleader (20)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   09-04-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The present writ petition has been filed for the

                   following relief(s):-

                                                      “1. That this is an application for
                                            issuance of a Writ in the nature of
                                            Mandamus commanding and directing the
                                            respondents to pay arrear of salary of the
                                            petitioner from 05/08/2015 till 28/02/2023
                                            without further delay with appropriate rate
                                            of interest and the respondents should be
                                            directed not to harass the petitioner without
                                            any reason and / or pass any other order/
                                            orders, direction/ directions for which the
Patna High Court CWJC No.7594 of 2025(2) dt.09-04-2026
                                            2/4




                                  petitioner is found legally entitled in the
                                  facts and circumstances of the case.”


                      3. Learned counsel for the petitioner submits that the

          petitioner has filed a representation before the District

          Programme Officer, Muzaffarpur, but no decision has been

          taken on his representation.

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

          submits that the relief, as prayed for by the petitioner, to pay the

          salary from 05.08.2015 to 28.02.2023 cannot be granted to him

          in light of the observations made in the order dated 21.09.2022,

          passed in CWJC No. 16495 of 2018. Counsel also submits that

          the writ petition may be dismissed.

                      5. Upon perusal of the judgment passed in CWJC No.

          16495 of 2018, it transpires to this Court that, in the said

          judgment, the learned Single Judge has taken note of the

          observations made in CWJC No. 11447 of 2018 (Md. Ejaz

          Kausar Khan & Ors. v. The State of Bihar & Ors.) at paragraph

          30, wherein the Hon’ble Court was pleased to hold that “Those

          petitioners whose services were dispensed with shall be entitled

          to reinstatement with continuity in service and would be also

          entitled to payment of their salary as above. However, for the

          period they have not worked, they will be only given benefit of
Patna High Court CWJC No.7594 of 2025(2) dt.09-04-2026
                                            3/4




          notional salary following principles of no work no pay. The

          petitioners would be now allowed to continue as regular

          teachers as per the scheme. The petitioners shall be granted the

          same status as granted to other volunteers of the Taleemi

          Markaz who have been taken over by the State Government.”

                      6. This Court further feels it necessary to quote the

          order dated 23.09.2022, passed in CWJC No. 9848 of 2018

          (Akbar Ali vs. The State of Bihar & Ors.) along with other

          analogous cases which is as follows:-

                                               “Heard the parties through video
                                  conferencing.
                                               It is submitted that in the order
                                  dated 05.09.2022 the case number of
                                  C.W.J.C. No. 4677 of 2021 has inadvertently
                                  been mentioned as C.W.J.C. No. 4677 of
                                  2022.
                                               Let it be read as C.W.J.C. No.
                                  4677 of 2021.
                                               The order dated 05.09.2022 is
                                  modified to the extent indicated above.
                                               These cases are allowed in terms
                                  of the order passed in C.W.J.C. No. 16495 of
                                  2018 on 21st September, 2022.”


                      7. In view of the aforesaid, this Court is of the firm

          view that, for the period the petitioner has not worked, he will
         Patna High Court CWJC No.7594 of 2025(2) dt.09-04-2026
                                                     4/4




                   only be given the benefit of notional salary, following the

                   principle of “no work, no pay,” and he will be allowed to

                   continue as a regular teacher as per the scheme. This Court is

                   also of the view that the petitioner is not entitled to payment of

                   salary from 05.08.2015 to 28.02.2023.

                               8. However, if the petitioner is in a position to

                   correctly place before the authority that the termination was

                   made in 2018, but prior to 2018 he had worked for some period,

                   liberty is granted to file a fresh representation clarifying each

                   and every aspect with supporting documents, and upon receipt

                   of the fresh representation filed by the petitioner, the District

                   Programme Officer, Secondary Education and Literacy,

                   Muzaffarpur (respondent No. 6) shall pass an order within 90

                   days.

                               9. Accordingly, the writ petition stands disposed of.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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