Shujaullah Siddique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17068 of 2025 ====================================================== 1.
Shujaullah Siddique Son of Late Jalaluddin, Resident of Village - Chand Barwa, P.O. Dhamaura, P.S. Sathi, Block- Lauriya, Distt. West Champaran, Bihar.
2.
Subodh Kumar Son of Late Munna Prasad @ Munna Kumar, Resident of Ward No.- 09, Bankatwa, Parautola, P.O.- Mathiya, P.S.- Lauriya, District West Champaran, Bihar.
3.
Chandra Kishore Kumar Ojha, Son of Vimlesh Kumar Ojha, Resident of Ward No. 06, Lauriya, P.S. Lauriya, District West Champaran, Bihar. 4.
Md. Shahanwaz, Son of Late Md. Imran, Resident of Village Telpur, P.O. Telpur, P.S- Lauriya, District - West Champaran, Bihar. 5.
Obaidullah, Son of Late Phool Mohammad @ Phool Mohammad Ansari, Resident of Ward No. 10, Haripur, Bardahi, P.S. Sikta, District West Champaran, Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.
3.
The Director, Primary Education, Department of Education, Government of Bihar, Patna.
4.
The District Magistrate, Collectorate, Bettiah, District -West Champaran. 5.
The District Education Officer, District West Champaran, Bettiah. 6.
The District Program Officer (Establishment), Bettiah, District West Champaran.
7.
The Block Education Officer, Lauriya, West Champaran. 8.
The Block Education Officer, Sikta, West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abu Nasar, Adv For the Respondent/s :
Mr. Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioners and learned counsel for the respondent-State.
2. With the consent of both the parties, this writ
2/4 application is being disposed of at this stage itself.
3. In the present writ application, the petitioners have prayed for the grant of following reliefs:
"(i) For issuance of Writ of Mandamus directing the respondent authorities to make payment of the arrears of salary to the petitioners herein who are working as untrained teachers in the government schools in District West Champaran and have not received their salary since January 2023.
(ii) For issuance of Writ of Mandamus directing the respondent authorities to ensure regular monthly payment of salary to the petitioners on the basis of their attendance.
(iii) For grant of any other relief(s) in the interest of justice, equity and good conscience."
4. After advancing some argument, learned counsel for the petitioners submits that for the reliefs claimed for in the present writ application, the petitioners are ready to file separate detailed representations before the District Programme Officer and District Education Officer, West Champaran within one month from today. Learned counsel for the petitioners further
3/4 prays that if such representations are filed within the stipulated time then the District Programme Officer and District Education Officer, West Champaran may be directed to consider the representations filed by the petitioners and decide the same on merit after giving an opportunity of hearing to the petitioners.
5. To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel appearing for respondent-State does not have any objection.
6. 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 separate representations before the District Programme Officer and District Education Officer, West Champaran within one month from today and if such representations are filed, the District Programme Officer and District Education Officer, West Champaran will be obliged to dispose of all the representations of the petitioners on merit, after giving an opportunity of hearing to the petitioners within further period of three months by passing a reasoned and speaking order.
7. In case, the District Programme Officer and District Education Officer, West Champaran comes to the conclusion that the petitioners are required to be paid salary for the period
4/4 that they have been working then the said payment shall be made to the petitioners within a further period of one month 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