Patna High Court

Shiv Lakhan SahuversusThe State of Bihar

Decided: 31 January 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court ordered the District Magistrate to pass a reasoned order on the petitioner’s representation within 90 days, otherwise be liable for contempt, and disposed of the writ petition.

Summary

Shiv Lakhan Sahu, a former government employee, filed a writ petition seeking payment of salary arrears for the period May 2006 to March 2011, which includes a suspension period and subsequent service until retirement. An earlier award in CWJC No.9187 of 2015 had directed him to file a representation before the District Magistrate, Jamui, who was to decide it within three months and pay any dues within another three months. Sahu filed the required representation on 19 March 2021, but no order was issued within the prescribed time. The State conceded that the award must be complied with. The Patna High Court therefore directed the District Magistrate to pass a reasoned order on the representation within 90 days, failing which he would be liable for contempt, and disposed of the writ petition.

Issues considered

Whether the District Magistrate, Jamui, is bound to comply with the award dated CWJC No.9187 of 2015 and pass a reasoned order within the stipulated time
Whether the petitioner is entitled to the arrears of salary and interest for the period claimed

Subjects

salary arrears
government employee
suspension
writ petition
contempt
district magistrate
award compliance

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9297 of 2022
                 ======================================================
                 Shiv Lakhan Sahu Son of Late Jaglal Sahu resident of Village Badhar, P.S.
                 Surunapur, P.O. Jehanabad, District Jehanabad, Bihar.

                                                                              ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the District Magistrate, Jamui.
           2.    The Deputy Collector, Establishment, Jamui Collectorate, Jamui.
           3.    The Circle Offiicer, Sikandra, Jamui.
           4.    The Treasury Officer, Jamui.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Binay Kumar, Advocate
                 For the Respondent/s   :       Mr.Sajid Salim Khan (SC25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   31-01-2026                 Learned counsel for the petitioner and learned counsel

                   for the State are present.

                               2.The present writ petition has been filed with a

                   specific prayer for payment of arrears of salary to the petitioner

                   for the period from 06.05.2006 to 31.01.2011, along with

                   interest. The said period includes the petitioner’s suspension

                   from 06.05.2006 to 13.04.2010, and the period from 14.04.2010,

                   i.e. after revocation of suspension and acceptance of his joining,

                   till his retirement on 31.03.2011.

                               3. Learned counsel for the petitioner submits that the

                   matter was earlier disposed of by an Award passed in CWJC

                   No. 9187 of 2015, wherein a direction was issued to the
Patna High Court CWJC No.9297 of 2022(3) dt.31-01-2026
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          petitioner to file a representation before the District Magistrate,

          Jamui, who was directed to dispose of the same within a period

          of three months from the date of receipt thereof and to pay the

          consequential benefits within a further period of three months

          from the date of the said award. It was further directed that if

          any amount was found not payable, a reasoned order in that

          regard was to be communicated to the petitioner within the said

          period. Learned counsel submits that pursuant to the said

          direction, the petitioner preferred a representation on 19.03.2021

          before the District Magistrate, Jamui; however, no order has

          been passed within the stipulated period. Consequently, the

          petitioner has preferred the present writ petition.

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

          submits that although the counter affidavit has not yet been

          filed, he fairly concedes that the order passed in CWJC No.

          9187 of 2015, in the form of an award, is required to be

          complied with.

                      5. Accordingly, the District Magistrate, Jamui is

          hereby directed to pass a reasoned and speaking order on the

          representation of the petitioner (Annexure-8 to the writ petition)

          within a period of 90 days from the date of production of a copy

          of this order, failing which the District Magistrate, Jamui shall
            Patna High Court CWJC No.9297 of 2022(3) dt.31-01-2026
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                      be liable for contempt.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U

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