Patna High Court
Prabhu DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed of, granting the petitioner liberty to file a detailed representation before the District Education Officer, Kaimur, within one month, with the officer required to decide within six months and implement any relief within three months thereafter.
Summary
The petitioner, a regular assistant teacher, sought a writ of mandamus directing the respondents to pay salary arrears from February 2012 to February 2024, grant post‑reinstatement benefits, and issue any other reliefs. He claimed he was wrongfully terminated in May 2012 and was only reinstated in February 2024. The petitioner was prepared to file a representation before the District Education Officer (DEO) Kaimur and asked the court to direct the DEO to dispose of it within a fixed period. The respondents raised no objection to this limited prayer. The court, noting the narrow scope of the request, granted the petitioner liberty to file the representation within one month and directed the DEO to decide it within six months, with any entitlement to relief to be implemented within three months of the DEO’s final order. The writ application was therefore disposed of without adjudicating the substantive claims for arrears or benefits.
Issues considered
- Whether the petitioner is entitled to salary arrears for the period February 2012 to February 2024 following his reinstatement.
- Whether the petitioner is entitled to post‑reinstatement benefits in line with similar cases (L.P.A. Nos. 1254/2016, 1309/2017, 1310/2017).
- Whether the court may direct the petitioner to file a representation before the District Education Officer and prescribe timelines for its disposal.
Subjects
- salary arrears
- reinstatement
- service termination
- mandamus
- education service
- representation
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.87 of 2026
======================================================
Prabhu Das S/o Late Raj Baran Ram, Resident of Village- Chandrabhanpur,
Post- Panapur, P.S.- Karagahar, Dist- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar..
2. The Principal Secretary, H.R.D, Govt. of Bihar.
3. The Director (Primary Education) H.R.D, Govt. of Bihar.
4. The District Magistrate, Kaimur.
5. The District Education Officer, Kaimur.
6. The District Program Officer (Establishment), Dist- Kaimur.
7. The Block Education Officer, Bhagawanpur, Dist- Kaimur.
8. The Headmaster, Upgraded Middle School Raghuvirgarh Block- Chainpur,
Dist- Kaimur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Shankar Choubey, Adv.
For the Respondent/s : Mr. Standing Counsel (21)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents-State.
2. With the consent of the parties the present writ
application is disposed of at this stage.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“i. For issuance of direction, order or writ
in the nature of Mandamus, or any other
Patna High Court CWJC No.87 of 2026(2) dt.08-01-2026
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appropriate writ/writs, order/orders,
direction/directions, commanding the
respondents to pay arrear of salary from the
month of February 2012 to February 2024,
periods the respondent authority has restrained
to the petitioner to perform his duty on the post
of Assistant Teacher as the petitioner was
appointed wide order dated 13.02.2012 on the
post of Regular Assistant Teacher (Trained)
34540 Grade, after followed due procedure and
selection and also on the recommendations of
Hon'ble Apex Court in Pay Scale of Rs. 4200/-
Band P-2 Grade and latter on wrongly
terminated to the petitioner vide letter dated
26.5.2012 and after long litigation the
respondent has reinstated to the petitioner vide
letter dated 02.02.2024.
ii. To issue a direction, order, or writ
upon the respondents to grant all subsequent
benefit to the petitioner who has been reinstated
the service of petitioner from the date of his
termination on the post of Assistant Teacher
(Trained)34540 grade, as similarly situated
persons have already been granted the same
benefit in light of judgment rendered in L.P.A.
No. 1254 of 2016, and analogous matter, L.P.A.
No. 1309 of 2017 and L.P.A No. 1310 of 2017.
iii. and for the other necessary
relief/reliefs to the basis of the facts and
circumstances of the case as enumerated and
stated hereinafter.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid relief,
the petitioner is prepared to file a representation before the
District Education Officer, Kaimur and he accordingly prays
that an appropriate direction be issued to the District Education
Officer, Kaimur to dispose of the said representation, which will
Patna High Court CWJC No.87 of 2026(2) dt.08-01-2026
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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
respondents-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 a detailed
representation before the District Education Officer, Kaimur
within one month from the date of passing of this order, and if
such a representation is filed, the District Education Officer,
Kaimur shall dispose of the same within a further period of six
months from the date of filing 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, Kaimur should be a reasoned and
speaking order. It is further made clear that in case the
petitioner is found entitled to the relief, which the petitioner
would be claiming through its representation, the same should
be extended to the petitioner within further period of three
months from the date of passing of the final order by the
District Education Officer, Kaimur.
Patna High Court CWJC No.87 of 2026(2) dt.08-01-2026
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7. With the aforesaid observation, direction and
liberty granted the present writ application stands disposed of.
Pending I.As, if any will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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