Shekh Abdul Mannan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8987 of 2026 ====================================================== Shekh Abdul Mannan Son of Late Shekh Hasmatullah, Resident of VillageChandpali, Police Station - Ziradayee, District - Siwan, Retired while working as Assistant Teacher from Govt. Middle School Chandpali, Anchal - Ziradayee, District - Siwan.

... ... Petitioner/s

Versus

1.

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

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Director, Bihar Education Project Council, Bihar, Patna. 4.

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

The District Magistrate, Siwan.

6.

The District Education Officer, Siwan.

7.

The District Programme Officer, Primary Education and Sarv Shiksha Abhiyan, Siwan.

8.

The District Programme Officer, Secondary Education and Sarv Shiksha Abhiyan, Siwan.

9.

The District Programme Officer (Establishment), Siwan. 10.

The Headmaster, Kasturba Gandhi Residential Girls School, Ziradayee, District - Siwan.

11.

The District Accounts Officer, Siwan.

12.

The District Treasury Officer, Siwan.

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Adv.

For the Respondent/s :

Mr. Kameshwar Kumar, GP17 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 30-06-2026 The instant writ application has been filed for the following relief:- "1. I. For issuance of an appropriate writ in the

2/5 nature of mandamus for commanding and directing the respondent authorities concerned to reimburse an amount of Rs. 3,62,204/- for the period 01.04.2014 to 20.08.2014, which was spent by the petitioner from his own personal account for upkeeping of the Kasturba Gandhi Residential Girls School, Ziradei, Siwan, out of the total amount of Rs. 3,62,204/- an amount of Rs. 3,10,563/- has been spent towards care and upkeeping of girl students, an amount of Rs. 25354 was spent towards payment of electricity bills and water bills, Rs.5216/-was spent as medical charges, an amount of Rs. 1811 was spent towards upkeeping of the hostel and an amount of Rs.

19260/- was spent for miscellaneous works, which is evident from the utility certificate issued by the Secretary of the Kasturba Gandhi Residential Girls School, Ziradei, Siwan and the Headmaster of Kasturba Gandhi Residential Girls School, Ziradei, Siwan but in spite of availability of the funds during the aforesaid period, the same has not been reimbursed to the petitioner even after more than eleven years, though the petitioner retired from service while discharging his duties as Headmaster from Govt. Middle School Chandpali, Anchal Hussainganj, District Siwan. II. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the genuine claim of the petitioner for payment of Rs.

3,62,204/-, which was spent by the petitioner on his own, towards upkeeping of the Kasturba Gandhi Residential Girls School for the period 01.04.2014 to 20.08.2014, which is evident from the utilization certificate and other materials available on record but till date the said amount has not been reimbursed in favour of the petitioner.

3/5 III. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to dispose of the representations of the petitioner by reasoned and speaking order by ventilating his genuine grievances for reimbursement of the aforesaid amount of Rs. 3,62,204/-, as even though the petitioner spent the said amount for the period 01.04.2014 to 20.08.2014 for upkeeping of Kasturba Gandhi Residential Girls School from his own personal account but even after 11 years, the said amount has not been disbursed to him in spite of availability of the allotment during the aforesaid period."

2. Counsel for the petitioner submits that the petitioner was initially appointed as Assistant Teacher in the year 1976 and, on the basis of seniority, the petitioner was allowed to discharge the duty of Headmaster in the Government Middle School Chandpali, Anchal Ziradayee, Siwan and was made Co-coordinator of Kasturba Gandhi Residential Girls School, Ziradei, Siwan for the period 01.04.2014 to 20.08.2014 and for the want of fund, the petitioner spent an amount to the tune of Rs. 3,62,204/- for up-keeping of the Kasturba Gandhi Residential Girls School, Ziradei, Siwan from his own pocket.

3. It is the case of the petitioner that the petitioner has submitted the details of the amount spent in up-keeping of the Kasturba Gandhi Residential Girls School, Ziradei, Siwan from his own pocket in the Office of the respondent no.7 and such

4/5 application has been docated as 7466/SSA.

4. It is the case of the petitioner that despite submission of the details of the amount spent in up-keeping the said school, the same has not been adjudicated and the amount for which the petitioner is entitled has not been disbursed to him.

5. On the other hand, counsel for the State submits that in this case, factual deliberation is required by the authority concerned and appropriate direction may be issued to the authority concerned for verifying the amount spent by the petitioner and if on finding the claim of the petitioner to be bonafide in reference to the official record maintained in the office, appropriate necessary order may be passed.

6. Considering the stand taken by both the parties, the petitioner is directed to file a fresh representation with all material documents before the respondent no.7 within a period of four weeks from today and, upon filing of such representation, the respondent no.7 will be obliged to adjudicate the same within a further period of eight weeks and, after adjudication, if the claim of the petitioner is found to be genuine, by passing a necessary order, the amount shall be disbursed to the petitioner.

5/5

7. With the aforementioned observations and direction, the writ petition stands disposed of. (Ajit Kumar, J) rishi/- U