Patna High Court
Upendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The petition cannot be disposed of until the petitioner files a fresh representation with a copy of the order, and the respondent must pass a reasoned order on that representation.
Summary
Upendra Prasad Singh filed a writ petition in the Patna High Court seeking payment of salary arrears amounting to Rs. 2,14,449 and other dues totaling Rs. 3,07,278, including dearness allowance, house rent and interest. He claimed to have submitted a representation to the Senior Treasury Officer, Collectorate Patna, but no decision had been made. The State objected that the petition did not attach a copy of the representation, raising a preliminary procedural objection. The Court held that the petition could not be disposed of without a proper representation on record and therefore granted the petitioner liberty to file a fresh representation with a copy of the order. The Senior Treasury Officer was directed to pass a reasoned order on the fresh representation within 60 days. Consequently, the writ petition was disposed, pending the filing of the fresh representation.
Issues considered
- What procedural requirement must be satisfied regarding the representation before the Senior Treasury Officer for the writ petition to be entertained?
Subjects
- writ petition
- salary arrears
- representation
- procedural compliance
- Civil Writ Jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7684 of 2026
======================================================
Upendra Prasad Singh Son of Late Mathura Prasad Singh, Resident of Village
and P.O. Bihat, Tola Ibrahimpur, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Collector, Patna.
3. The Sub Divisional Officer, Barh, Patna.
4. The Sr. Treasury Officer, Collectriate, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Sumiran Singh, Advocate
For the Respondent/s : Mr. Government Pleader (6)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 16-06-2026
Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. The present writ petition has been filed by the
petitioner for issuance of direction to respondent authorities for
payment of arrears of difference of salary of Rs. 2,14,449/- and
other arrears total amounting to Rs. 3,07,278/- including D.A.,
House rent, interim relief etc with interest.
3. Learned counsel for the petitioner submits that for
the relief the petitioner has filed representation before
respondent No.4, the Sr. Treasury Officer, Collectorate Patna,
but no decision has been taken till date.
Patna High Court CWJC No.7684 of 2026 dt.16-06-2026
2/2
4. Learned Counsel for the State raised preliminary
objection and submits that in the writ petition the copy of
representation has not been annexed. He submits that the
petitioner may be directed to file fresh representation before
respondent No.4, the Sr. Treasury Officer, Collectorate Patna.
5. In this background, this writ petition is disposed off
granting liberty to the petitioner to file fresh representation
before respondent No.4, the Sr. Treasury Officer, Collectorate
Patna, along with a copy of this order within 30 days from today
and respondent No.4, the Sr. Treasury Officer, Collectorate
Patna, is hereby directed to pass a reasoned and speaking order
on the representation of the petitioner within 60 days thereafter.
(Dr. Anshuman, J)
Mkr./Manshi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.06.2026
Transmission Date
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