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Patna High Court

Prasanna Kumar Jha PardeshiversusThe State of Bihar

Decided
Disposal
DISPOSED

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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