Prashant Kumar v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7019 of 2026 ====================================================== 1.

Prashant Kumar son of Ashok Kumar Resident of Ward no.-29,P.s.- Jamui, Distt.- Jamui 2.

Priya Satyam D/o manohar Prasad Gupta, Resident of Vill. - Ekchari, P.S. - Kahalgaon, Dist. - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, Dept. of Education, Bihar. 3.

The Joint Secretary, Department of Education, Bihar. 4.

The District Education Officer, Banka.

5.

The District Programme Officer (Establishment), Banka. 6.

Sinha Decorators, Through its representative Ram Pravesh Kumar having its registered office at Sandalpur, Kumhrar, Patna - 800007. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Raj, Advocate For the Respondent/s :

Mr. Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-05-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. Learned counsel for the petitioners submit that the present writ petition has been filed for the following relief/s:- "I. For issuance of an appropriate writ in the nature of mandamus commanding the respondents to make payment of the lawful and due salary of the petitioners for the period they have duly discharged their duties, including the salary for the month of March 2025 and unpaid salary for six days of

Patna High Court CWJC No.7019 of 2026(2) dt.05-05-2026 2/3 January 2025.

II. Further for issuance of a writ in the nature of Mandamus directing the respondents to pay interest on the delayed payment of salary at a rate deemed fit and proper by this Hon'ble Court.

III. To declare that the action of the respondents in withholding the salary of the petitioners, despite taking work from them, is illegal, arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India.

IV. To hold that the respondents, including the State authorities and the outsourcing agency, are jointly and severally liable for payment of the admitted dues of the petitioners.

V. To pass any other order or direction(s), including costs of litigation, as may be deemed fit and proper in the facts and circumstances of the case."

3. Learned counsel for the State raised preliminary objection and submits that the petitioners are admittedly employees of private agency who is respondent no.6 in this writ petition, working for the State respondent.

4. After hearing the parties, this Court hereby directs the petitioners to avail their remedy before the competent Labour Court within 30 days from today, in the light of labour

Patna High Court CWJC No.7019 of 2026(2) dt.05-05-2026 3/3 laws i.e. Industrial Disputes Act, 1947, now Industrial Relations Code, 2020, came into force (implemented) on 21.11.2025.

5. Accordingly, this writ petition stands disposed off. (Dr. Anshuman, J) Divyansh/- U