Amrita Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17825 of 2025 ====================================================== 1.

Amrita Sinha Wife of Sri Dharmendra Singh, Resident of Ward No. 17, Dharhara, P.O. and P.S.- Darihat, District- Rohtas, Presently working as Block Teacher in Middle School, Mahadewa, Block- Nasriganj, DistrictRohtas. 2.

Meena Kumari, D/o Sri Kedar Chaoudhary, Resident of Village and P.O.- Amba, P.S.- Daudnagar, District- Aurangabad, Presently working as Block Teacher at Middle School, Mahadewa, Block- Nasriganj, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The District Education Officer, Rohtas.

3.

The District Programme Officer (Establishment), Rohtas. 4.

The Block Development Officer-cum-Member Secretary, Block Teacher Employment Unit, Nasriganj, P.O. and P.S.- Nasriganj, District- Rohtas. 5.

The Block Education Officer, Nasriganj, P.O. and P.S.- Nasriganj, DistrictRohtas. 6.

The Headmaster, Middle School, Mahadewan, Block - Nasriganj, DistrictRohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Adv.

For the Respondent/s :

Mr. Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-11-2025 Heard the parties.

2. The petitioners, duly appointed as Block Teachers, have been discharging their duties in their respective schools, aggrieved with the action of the respondent authorities in not extending their salary from April 2024 till date have approached this Court seeking issuance of a writ in the nature of mandamus, directing upon the concerned respondent authorities to ensure

Patna High Court CWJC No.17825 of 2025(2) dt.11-11-2025 2/3 payment of their salary.

3. Learned Advocate for the petitioners vehemently contended that the action of the respondent authorities in not extending the salary for the period the petitioners have been discharging their duties, is in complete transgression of Article 23 of the Constitution of India, inasmuch as in an identical situation when the salary of some of the teachers have not been paid by the concerned authorities, they had approached before this Court in C.W.J.C. No.7648 of 2020, wherein the learned Court taking note of the decision rendered by the Apex Court in the case of Man Singh v. State of U.P.

[2022 live law SC 341], has directed the Principal Secretary, Education Department, Director, Education as well as other concerned officers to file an affidavit informing the steps which shall be taken for releasing salary of the teachers who are presently employed with the State. In pursuant thereto, the Additional Chief Secretary, Government of Bihar, in the Department of Education has come out with Memo No.734 dated 08.07.2022 and directed all the concerned District Education Officers/District Programme Officers (Establishment) of the State of Bihar to ensure payment of salary to all the teachers, if there is no adverse order against him/her or any proceeding is pending.

Patna High Court CWJC No.17825 of 2025(2) dt.11-11-2025 3/3 Court as well as the order of the Additional Chief Secretary, Education Department, have been placed on record as Annexures-P/3 and P/4 of the writ petition.

4. Learned Advocate for the State prays for a short adjournment to ensure filing of counter affidavit.

5. Considering the submissions advanced by the learned Advocate for the respective parties and taking note of the grievance of the petitioners, this Court directs the respondent no.3, the District Programme Officer (Establishment), Rohtas to look into the grievance of the petitioners for payment of their salary and take appropriate decision, preferably within a period of four weeks from the date of receipt/production of a copy of this order, keeping in mind the orders passed by this Court in C.W.J.C. No.7648 of 2020 as well as by the Additional Chief Secretary, Education Department, as contained in Memo No.734 dated 08.07.2022.

6. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) rohit/- U