Rajendra Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3740 of 2026 ====================================================== Rajendra Prasad Mandal Son of Late Chhotan Mahto, Resident of villageDhapri, P.S.- Jhajha, Distt.- Jamui, At Present posted as In-charge Headmaster at Upgraded Kanya Middle School Rajpur under Block and P.S.- Sono, Distt.- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary Govt. of Bihar Patna. 2.

The Chief Secretary, Govt. of Bihar Patna.

3.

The Addl. Chief Secretary, Education Department Govt. of Bihar Patna. 4.

The Director Primary Education, Govt. of Bihar Patna. 5.

The Distt. Education Officer, Jamui.

6.

The Distt. Programme Officer (Establishment), Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar No.1, Adv For the Respondent/s :

Mr. Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

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

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

(i) For issuance of writ in nature of Mandamus Directing/commanding to Respondents No.-5 i.e. Distt. Education officer Jamui to make payment of arrears of salary since December 2019 to June 2021 as per Bill dated 10.10.2025 submitted by the Headmaster concern, with interest.

2/4 (ii) For further issuance of any other appropriate writ/writs, order/orders, direction/Directions for which the Petitioner is legally entitled.

4. Learned counsel for the petitioner submits that the District Programme Officer, Jamui had directed all Block Education Officers, District-Jamui vide Memo No. 954 dated 03.06.2022 (Annexure-P/1) to take step for payment of salary of untrained teachers. Thereafter, the respondent no. 4 i.e. the Director, Primary Education Department Patna had circulated a letter no. 614 dated 09.06.2022 (Annexure P/2) to all the District Education Officers & District Programme Officers (Establishment), Bihar directing them to pay the salary.

5. It is further submitted that when the salary was not paid to the petitioner, the petitioner submitted an application for payment of arrears of salary on 13.09.2025 (Annexure-P/3) before the District Programme Officer (Establishment), Jamui. It is further contended that in terms of direction of respondent no. 4 i.e. the Director, Primary Education Department, the respondent no. 5 i.e. the District Education Officer, Jamui had issued a letter no. 2042 dated 06.10.2025 (Annexure-P/4) directing all the concerned Headmaster to submit the bill to the counter of Human Resource Management System (HRMS)

3/4 directly so that payment of arrears of salary could be paid. Thereafter, as per learned counsel for the petitioner, the concerned Headmaster prepared a bill of arrears of salary of the petitioner on 10.10.2025 (Annexure-P/5) but as yet, no payment has been made to the petitioner by the District Programme Officer (Establishment), Jamui (respondent no. 6). He, therefore, submits that the petitioner is prepared to file a fresh representation before the District Programme Officer (Establishment), Jamui (respondent no. 6) for payment of arrears of salary and prays that an appropriate direction be issued to the District Programme Officer (Establishment), Jamui to dispose of the representation filed by the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.

6. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for respondent-State does not have any objection.

7. 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 fresh representation before the District Programme Officer (Establishment), Jamui (respondent no. 6) for payment of

4/4 arrears of salary in light of the bill prepared by the Headmaster on 10.10.2025 within two weeks from today. If such a representation is filed within the stipulated time then the District Programme Officer (Establishment), Jamui is directed to dispose of the same within a period of eight weeks 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 Programme Officer (Establishment), Jamui 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 the representation, the same should be extended to the petitioner within a further period of eight weeks from the date of passing of the final order.

8. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U