Patna High Court
Prasanna Kumar Jha PardeshiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the petitioner must first file a representation before the District Education Officer, who is directed to decide it within a stipulated period, and therefore the writ for mandamus was not entertained at this stage.
Summary
The petitioner, a school employee, filed a writ application seeking mandamus directing the Bihar Sanskrit Shiksha Board, the District Education Officer and the District Programme Officer to release his G.P.F. amount with interest and arrears of salary, including pay revisions. He alleged that although the State had transferred funds, the Board failed to include his name in the employee list, causing deductions from his salary. The petitioner also sought direction to file a fresh representation before the District Education Officer and to have it decided within a fixed time. The State did not oppose the limited prayer. The Court, with the parties' consent, declined to issue mandamus and instead granted the petitioner liberty to file a representation within one month, directing the District Education Officer to dispose of it within three months and to issue a reasoned order. The Court further directed that if relief is warranted, it be granted within an additional three months, and disposed of the writ application.
Issues considered
- Whether the Board and education officials are liable to release the petitioner’s G.P.F. amount and arrears of salary.
- Whether a writ of mandamus is appropriate to compel the release of the said amounts.
- Whether the petitioner must first file a representation before the District Education Officer before any writ relief can be granted.
Subjects
- mandamus
- government provident fund
- arrears of salary
- education department
- writ jurisdiction
- representation
- direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7800 of 2025
======================================================
Prasanna Kumar Jha Pardeshi S/o Late Asharfi Jha, Resident of Village-
Morwa, Dih, P.S.- Musarigharari, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar Through The Additional Chief Secretary, Education
Department, Government of Bihar, Patna
2. The Special Director, Secondary Education (Sanskrit) Education
Department, Government of Bihar, patna
3. Bihar Sanskrit Shiksha Board Through its Secretary, House No.-17, Back of
Harding Road, Patna-01
4. The Secretary, Education Department, Government of Bihar, Patna-cum-
Administrator, Bihar Sanskrit Shiksha Board, House No-17, Back of
Harding Road, Patna-01.
5. The District Education Officer, Samastipur,
6. The District Programme Officer (Establishment), Samastipur.
7. The Headmaster, Khudneshwar Rajniti Primary-cum-Middle School,
Morwa, Samastipur. Morwa, Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar Jha, Adv
For the Respondent/s : Mr. Anil Kumar Verma, AC to AAG9
For the Board : Mr. Satyam Shivam Sundaram, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) This writ application is
being filed in the nature of mandamus
Patna High Court CWJC No.7800 of 2025(3) dt.31-03-2026
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or any other appropriate writ/writs,
direction/ directions, order/orders for
commanding the respondents
specifically to the respondent 4, 5 and
6 i.e. Bihar Sanskrit Shiksha Board
(here after referred to as the Board),
the District Education Officer,
Samastipur and The District
Programme Officer (Establishment),
Samastipur for release of amount of
G.P.F. with interest so deducted from
the salary of the petitioner since the
respondent State Government has
already send the funds to the District
Education Officer but the respondent
Board has missed to send the name of
the petitioner in the list of employees
of the Khudneshwar Rajniti Primary-
cum-Middle School, Morwa,
Samastipur (herein after referred to as
the school).
(ii) This writ application is
also being filed to release the arrear
of salary to the petitioner including
annual increments due after extending
the benefits of 5th and 6th pay revision
w.e.f. 01.03.1989 and 01.04.2007
respectively in pursuant to the
Resolution dt. 01.08.2023 issued in
compliance to the order passed by this
Patna High Court CWJC No.7800 of 2025(3) dt.31-03-2026
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Hon'ble Court in M.J.C. No.
1059/2015 dt.03.08.2022 arising out
of C.W.J.C. No. 8271/1999 disposed of
vide judgment dt.30.08.2011.
(iii) This writ application is
also being filed for other reliefs as
well.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid reliefs,
the petitioner is prepared to file a fresh representation before the
District Education Officer, Samastipur. He further prays that an
appropriate direction be issued to the District Education Officer,
Samastipur to dispose of the representation which would be
filed by the petitioner, within a fixed time frame, after giving an
opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file an
appropriate representation before the District Education Officer,
Samastipur within one month from today. If such a
representation is filed within the stipulated time then the District
Patna High Court CWJC No.7800 of 2025(3) dt.31-03-2026
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Education Officer, Samastipur is directed to dispose of the same
within a period of three months from the date of receipt of the
representation, after giving an opportunity of hearing to the
petitioner. Needless to emphasize that the final order which shall
be passed by the District Education Officer, Samastipur should
be a reasoned and speaking order. In case, the petitioner is found
entitled to the relief which the petitioner would be claiming
through the representation, the same should be extended to the
petitioner within a further period of three months from the date
of passing of the final order.
7. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
U
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