Binay Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19539 of 2015 ====================================================== 1.
Binay Kumar S/o Nand Kishore Singh R/o village P.O. Bikrampur, P.S. Cheria Bariyarpur, District - Begusarai 2.
Shri Rajesh Kumar S/o Shri Gaurishankar Singh R/o village P.O. Mehdashahpur, P.S. Cheria Bariyarpur, District - Begusarai ... ... Petitioners
Versus
1.
The State Of Bihar 2.
The Director, Primary Education, Education Department, Government of Bihar, New Secretariat, District-Patna 3.
The Regional Deputy Director of Education, Munger Division, District Munger 4.
The District Education officer, District - Begusarai 5.
The District Programme officer Establishment , District - Begusarai ... ... Respondents ====================================================== Appearance :
For the Petitioners :
Mr. Purushottam Kumar Jha, Advocate :
Mr. Avanindar Kumar Jha, Advocate :
Mr. Bishwash Vijeta, Advocate :
Mr. Ram Naresh Jha, Advocate :
Mr. Prabhat Kumar Singh, Advocate For the State :
Mr. Madanjeet Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-11-2025 Heard learned counsel for the petitioners and learned counsel for the Respondent-State.
2. Learned counsel for the petitioners fairly submits that effectively the grievance of the petitioners have been redressed during the pendency of the case to the extent that the petitioners have been granted promotion from retrospective date (Annexure-P/20). However, he submits that the arrears of salary has not been paid after being promoted from the retrospective
Patna High Court CWJC No.19539 of 2015(10) dt.07-11-2025 2/3 date. He, therefore, submits that the petitioners are willing to file a representation in this regard and prays that an appropriate direction be issued to the District Education Officer, Begusarai to consider the representation of the petitioners regarding payment of arrears and dispose of the same within a fixed time frame after giving an opportunity of hearing to the petitioners.
3. To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel appearing for the Respondent-State does not have any objection.
4. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a representation for claiming the arrears of salary before the District Education Officer, Begusarai within fifteen days from today and in the event, such a representation is filed, the District Education Officer, Begusarai shall dispose of the same on merit after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order. The entire exercise must be completed by the District Education Officer, Begusarai within a further period of three months from the date of filing of the representation. It is made clear that in case the petitioners are entitled to the arrears in light of the fact that petitioners have
Patna High Court CWJC No.19539 of 2015(10) dt.07-11-2025 3/3 already been granted promotion with retrospective date then the District Education Officer, Begusarai will ensure payment of the arrears within a period of one month from the date of passing of the final order.
5. With the aforesaid observation and direction, the present writ application is disposed of. All pending Interlocutory Applications, if any, will be deemed to have been disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U