Shammi Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4537 of 2026 ====================================================== 1.

Shammi Suman Wife of Baban Kumar, Resident of Village- Jhikarua, P.S. Hisu, District- Nawada.

2.

Phool Kumari Wife of Niraj Kumar, Resident of Village- Chandi Mau,, P.S.- Silao, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

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

The District Education Officer, Nalanda.

4.

The District Programme Officer (Establishment), Nalanda. 5.

The Block Education Officer, Silao, Nalanda.

6.

Block Development Officer, Silao, Nalanda.

7.

The Gram Panchayat Raj, Kariyana, Silao, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Kumar Pandey For the State :

Mr.Additional Advocate General (3) Mr. Suman Kumar Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 02-04-2026 Heard the learned counsel for the petitioners and the learned counsel appearing for the respondent-State.

2. With the consent of the parties, this writ application is being disposed of at this stage itself.

3. The petitioners, in the present writ application, have prayed for grant of the following reliefs:- "(i) For issuance of an appropriate writ/writs or direction in the nature of mandamus commanding and directing the Respondents to

2/4 make payment of salary to the petitioners,which has been stopped since January, 2025 till date without any rhyme and reason. Since the date of their respective appointment the petitioners were paid their salary but all of a sudden they stopped salaries with effect from January 2025.

The Additional Chief Secretary, Education Department, Bihar, Patna vide Memo No. 734 dated 08.07.2022 directed for payment of salary to all District Education Officer, Bihar/District Programme Officer(Estab.) Bihar and considering the direction aforesaid, this Hon'ble Court in batch of writ petitioners in C.W.J.C. No. 16316 of 2022 on 29.11.2022 and in C.W.J.C. No.22186 of 2019 on 02.12.2022 directed for payment of salaries and the case of these petitioners are similar and for want of salary they are starving.

(ii) For a direction to the respondents to make payment of regular salary to the petitioners. (iii) For any other relief/reliefs for which the petitioners are entitled to receive in the facts and circumstances stated above."

4. The learned counsel for the petitioners submits that for seeking the aforesaid reliefs, the petitioner is prepared to file a representation before the District Education Officer, Nalanda (respondent no.3) and prays that an appropriate direction be

3/4 issued to the District Education Officer, Nalanda to dispose of the representation within a fixed time-frame, after giving an opportunity of hearing to the petitioners.

5. To the aforesaid submission made by the learned counsel for the petitioners, the learned counsel appearing for the respondent-State does not have any objection.

6. Considering the limited nature of prayer made by the learned counsel for the petitioners, this writ application is disposed of, granting liberty to the petitioner to file a representation before the District Education Officer, Nalanda within four weeks from the date of this order. If such a representation is filed by the petitioner, the same shall be heard and disposed of within a further period of eight weeks from the date of filing of the representation, after giving an opportunity of hearing to the petitioners.

7. Needless to emphasize that the order, which shall be passed by the District Education Officer, Nalanda, should be a reasoned and speaking order.

8. It is specifically made clear that if the petitioner is found entitled to the reliefs, which the petitioners would be claiming through the representation, the same should be extended to the petitioners within one month from the date of

4/4 passing of the final order by the District Education Officer, Nalanda.

9. With the aforesaid observation/direction and the liberty granted, the present writ application stands disposed of.

10. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. (Alok Kumar Sinha, J) HR/- U