Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14761 of 2025 ====================================================== 1.

Manoj Kumar, Son of Shyam Deo Ram, Resident of Village- Jadeopur, Block- Piro, P.O.- Pachrukhia, P.S.- Agiaon Bazar, District- Bhojpur (Ara), Pin- 802204.

2.

Rajeev Ranjan Rakesh, Son of Sona Ram, Resident of Village- Bachari, P.S.- Piro, District- Bhojpur (Ara).

3.

Manoj Kumar Dubey, Son of Late Yogendra Narain Dubey, Resident of Village- Lahthan, P.S.- Piro, District- Bhojpur (Ara). 4.

Rama Raman Mishra, Son of Yogendra Mishra, Resident of Village- Sahar, P.S.- Sahar, District- Bhojpur, (Ara), Pin- 802208. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Vikas Bhawan, Patna, Bihar. 2.

Director, Primary Education, Department of Education, Government of Biahr, Vikas Bhawan, Patna, Bihar.

3.

District Education Officer, Bhojpur (Ara).

4.

District Programme Officer (Establishment), Bhojpur (Ara). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avanindra Kumar Jha, Adv.

For the Respondent/s :

Mr. Standing Counsel (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-09-2025 Heard the parties.

2. The petitioners were duly appointed as an Assistant Teacher in the Regular District Cadre in compliance with the order of this Court dated 31.08.2023 in C.W.J.C. No. 20549 of 2019, have approached this Court seeking a direction upon the respondents to issue necessary office order for making payment of arrears of salary, as per the calculation chart duly prepared by the Headmaster of the Chinnhit Schools of the Block, in which

Patna High Court CWJC No.14761 of 2025(2) dt.09-09-2025 2/3 schools the petitioners have been performing their duty.

3. It is the specific contention of the petitioners that identically situated person, namely Shahid Iqbal, on being aggrieved with the inaction of the respondent in not extending the arrears of salary under the Regular District Cadre, despite his appointment therein, has approached this Court, in C.W.J.C. No. 24025 of 2019, which came to be disposed off on 13.02.2020 and he has been allowed all the arrears in pursuant to the order passed by the Director, Primary Education, contained in memo no. 988 dated 21.07.2023, the copy of which has also been placed on record as Annexure P/5.

4. Learned Advocate for the State submitted that from the materials available on record it appears that before approaching the Court, the petitioners have not placed their grievance before the concerned authority, which is required to be done before coming to the Court, seeking a writ of mandamus.

5. Having considered the submissions set forth by learned Advocate for the respective parties and taking note of the limited grievance, this Court deems it fit and proper to direct the petitioners to file an appropriate representation before the respondent no. 3, preferably within a period of 4 weeks from

Patna High Court CWJC No.14761 of 2025(2) dt.09-09-2025 3/3 today, with necessary supporting documents. In case such representation is/are filed within the period specified, the concerned respondent shall consider the same and pass an appropriate order, preferably within a further period of 12 weeks from today.

6. Suffice it to observe that in case the claim of the petitioner finds admissible in law as also identical to Shahid Iqbal, the necessary order shall be passed for payment of the due amount.

7. The writ petition stands disposed.

(Harish Kumar, J) supratim/- U