Patna High Court

Abhay KumarversusMr. Keshav Kumar Pathak, The Principal Secretary, Education Department

Decided: 16 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The court granted the petitioners liberty to approach the authorities for payment of salary arrears and disposed of the petition.

Summary

Three government school teachers filed a writ petition seeking payment of salary arrears, alleging that earlier grievances had been largely resolved except for the arrears. The respondents, senior officials of the Bihar Education Department, filed a show‑cause notice and indicated compliance with a prior court order dated 25‑03‑2019, with a reasoned order issued on 19‑11‑2025. The petitioners contended that the arrears remained unpaid and requested the court to direct the authorities to pay them. The court observed that the petitioners' remaining grievance pertained only to the arrears and granted them liberty to approach the concerned authorities for the same. Consequently, the petition was disposed of.

Issues considered

What relief, if any, can be granted to the petitioners for the payment of salary arrears after compliance with the earlier court order?

Subjects

salary arrears
government teachers
service matters
writ jurisdiction
liberty to approach
education department

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Miscellaneous Jurisdiction Case No.2551 of 2023
                                           In
                   Civil Writ Jurisdiction Case No.4320 of 2019
     ======================================================
1.    Abhay Kumar S/o Late Jitendra Jha, R/o - Vill- Nanaura, P.O. - Dumra, P.S.-
      Runni Saidpur, District - Sitamarhi, at present working as Block Teacher in
      Govt. Middle School Dumra, Block - Belsand, District- Sitamarhi.
2.   Nitish Kumar, S/o Late Gajendra Prasad Shrivastav, R/o At and P.O. -
     Bhakurahar, P.S. - Barganiya, District- Sitamarhi, at present working as
     Nagar Teacher in Govt. Middle School, Banwari, Block - Barganiya,
     District- Sitamarhi.
3.   Bimla Kumari, W/o Late Navin Kumar Sharma, R/o - Vill- Malipur Pakri,
     P.O. - Bhasar Machha, P.S. Sitamarhi, District- Sitamarhi, at present working
     as Block teacher in Govt. Middle School, Bhasar, Block - Dumra, District-
     Sitamarhi.

                                                                 ... ... Petitioner/s
                                        Versus

1.   Mr. Keshav Kumar Pathak, the Principal Secretary, Education Department
     Govt. of Bihar, Patna.
2.   Mr. Pankaj Kumar, the Director, Primary Education, Education, Govt. of
     Bihar, Patna.
3.   Mr. Jivendra Jha, the Regional Deputy Director of Education Muzaffarpur
     Division, Muzaffarpur.
4.   Mr. Manesh Kumar Mina, the District Magistrate, Sitamarhi.
5.   Mr. Pramod Kumar Sahu, the District Education Officer, Sitamarhi.
6.   Mr. Amrendra Kumar Pathak, the District Programme Officer (Estt),
     Sitamarhi.
7.   Mr. Amrendra Kumar, the Block Development Officer, Dumra Block,
     District- Sitamarhi.
8.   Mr. Pranhakar Kumar Mishra, the Block Development Officer, Barganiya
     Block, District- Sitamarhi.
9.   Mr. Mayank Kumar Singh, the Block Development Officer, Belsand Block,
     District- Sitamarhi.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :    Mr.Sita Ram Prasad, Advocate
     For the Opposite Party/s :    Smt. Binita Singh (Sc 28)
                                   Mr. Ujjawal Bhushan, AC to SC-28
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                           ORAL ORDER
            Patna High Court MJC No.2551 of 2023(5) dt.16-01-2026
                                                        2/2




5    16-01-2026                     The learned counsel for the opposite parties seeks to

                      file a show-cause, copy whereof has already been filed online.

                      Let the same be kept on record.

                                   2.    It is pointed out by the learned counsel for the

                      opposite parties that in compliance of the order of this Court

                      dated 25.03.2019, passed in CWJC No.4320 of 2019, the

                      Director Primary Education has passed a reasoned order dated

                      19.11.2025.

                                   3.      At this juncture, the learned counsel for the

                      petitioners submits that most of the grievances of the petitioners

                      have stood redressed except payment of arrears of salary for

                      which the petitioners be granted liberty to approach the

                      authorities. Liberty so sought is granted.

                                   4.     The petition stands disposed off.



                                              (Mohit Kumar Shah, J)
kanchan/-

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