Amit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18251 of 2025 ====================================================== Amit Kumar Singh Son of Sri Kapil Deo Singh, Resident of villageMadhurampur, P.O. and P.S.- Akodhigola, District- Rohtas, Presently working as Panchayat Teacher at Primary School, Bhusahula, Block- Dehri, DistrictRohtas. ... ... 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 Education Officer, Dehri, P.O. and P.S.- Dehri, District- Rohtas. 5.
The Headmaster, Primary School, Bhusahula, Block- Dehri, DistrictRohtas. 6.
The Member Secretary-cum-Panchayat Secretary, Panchayat Teacher Employment Unit, Gram Panchayat Raj Berkap, Block- Dehri, DistrictRohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Bihari Singh, Adv.
For the Respondent/s :
Mr. Mr. Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned counsel appearing for the respondents-State.
2. The petitioner in the present writ application has prayed for the grant of following reliefs:
"1. That, this writ petition is for issuance of an appropriate writ/ writs in nature of MANDAMUS for commanding and directing the concern authorities regarding payment of wages/ salary from August 2020 to till date to petitioner for his continuous work against the respective post, which remains unpaid arbitrarily and unreasonably even ignoring the different
2/4 orders/communications passed by authorities themselves to not withhold the payment as well as the rights of individuals under Article 23 of Constitution of India and the further prayer for payment of interest on delayed payments in addition to litigating cost also for unnecessary harassment and for the other necessary relief relief's on the basis of the facts and circumstances of the case as stated hereinafter."
3. During the course of argument the petitioner relies upon a decision of the co-ordinate Bench of this Court dated 11.11.2025 passed in CWJC No.17825 of 2025 in which, as per the petitioner similar facts were involved and after considering the submissions made by the parties, the Court had directed the District Programme Officer to look into the grievance of the petitioner for payment of their salary and to take appropriate decision, preferably within a period of four weeks from the date of receipt/production of a copy of the order, keeping in mind the orders passed by the 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.
4. Learned counsel appearing for the petitioner having placed reliance on the aforesaid decision passed in CWJC No.17825 of 2025 wants that similar relief be extended to the petitioner.
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5. Learned counsel appearing for respondents-State has no objection to the above submission made by learned counsel for the petitioner. However, he submits that the writ application is not maintainable in view of the fact that the petitioner has an alternative remedy of approaching District Appellate Authority under Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020.
6. Having heard the parties, this writ application is disposed of in terms of the decision dated 11.11.2025 passed in CWJC No.17825 of 2025 and this Court directs the District Programme Officer (Establishment), Rohtas to look into the grievance of the petitioner 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.
7. It is made clear that before passing the final order the District Programme Officer (Establishment), Rohtas will give an opportunity of hearing to the petitioner and final order which shall be passed should be a reasoned and speaking order. If the District Programme Officer (Establishment), Rohtas
4/4 comes to the conclusion that the petitioner has to be paid salary then the same shall be paid to the petitioner within a further period of three months from the date of passing of the final order. However, if the petitioner is aggrieved by the final order passed by the District Programme Officer (Establishment), Rohtas then he can agitate the same before the District Appellate Authority under Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020.
8. With the aforesaid observation and direction, the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.
(Alok Kumar Sinha, J) Prakash Narayan U