Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2414 of 2026 ====================================================== 1.

Mukesh Kumar Singh S/o Ramakant Singh, R/o Village and P.O.- Sinhanshi, P.S.- Ramgadhwa, Distt.- East Champaran.

2.

Sangeeta Kumari Singh, D/o Dinesh Chandra Singh, R/o Village- Chikni, P.O.- Jokiyari, P.S. - Raxaul, Distt.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Magistrate, East Champaran, Motihari. 4.

The District Education Officer, East Champaran, Motihari. 5.

District Programme Officer (Establishment), East Champaran, Motihari. 6.

The Block Education Officer, Raxaul, District East Champaran, Motihari. 7.

The Panchayat Teacher Employment Unit, Gram Panchayat, Jokiyari, Block - Raxaul, Distt.- East Champaran, through its Secretary. 8.

The Secretary, Panchayat Teacher Employment Unit, Gram Panchayat, Jokiyari.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate For the Respondent/s :

Mr. Madhaw Pd. Yadaw, GP 23 Mr. Arvind Kumar, AC to GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The instant writ application has been filed for the following reliefs:- (i) To direct the respondents to make payment of salary to the petitioners as they are discharging his duty regularly, absentee of both the petitioners are being sent but payments have not been made.

Patna High Court CWJC No.2414 of 2026(2) dt.12-02-2026 2/3 (ii) For directing the respondents to make payment of arrear of salary from July, 2011 till the start of making current salary by them. (iii) For any other relief(s) to which they are found entitled to.

3. Learned counsel for the petitioners, referring to the order passed by the District Appellate Authority, East Champaran submits that the grievances of the petitioners have already been adjudicated and appropriate directions with regard to their appointment and payment of salary were issued vide Memo No. 203 dated 04.12.2019. It is submitted that despite the said order having attained finality, the dues have not been paid till date. No appeal has been preferred by the State authorities or by any person aggrieved by the order passed by the District Appellate Authority. It is further submitted that the Additional Chief Secretary has also issued directions clarifying that if any authority is aggrieved by the order passed by the Appellate Authority, the appropriate statutory remedy of appeal must be availed.

In the absence of any such appeal, the order is required to be complied with, failing which the concerned officials would face departmental proceedings for misconduct on account of non-compliance of the statutory order of the Appellate Authority, the reference of such order may be made from the Memo No.580 dated 11.03.2019.

Patna High Court CWJC No.2414 of 2026(2) dt.12-02-2026 3/3

4. At this stage, the learned counsel for the State is not in a position to controvert the statement of the learned counsel for the petitioners and submits that if the order has attained finality, the same needs to be complied with.

5. Considering the submissions of the parties, the petitioners are directed to file a representation before the District Programme Officer (Establishment), East Champaran, within a period of four weeks from today. Upon receipt of such representation, the District Programme Officer (Establishment), East Champaran, shall consider and decide the claim of the petitioners within a period of six weeks from the date of receipt of the representation, strictly in consonance with the letter issued by the Additional Chief Secretary, Education Department, Patna, as contained in Memo No.580 dated 11.03.2019.. The entire salary to which the petitioners are found entitled, after due verification of the records regarding the duties discharged by them, shall be paid within the same period.

6. With the aforesaid observations and directions, the writ applications stands disposed of.

(Ajit Kumar, J) shikha/- U