Kanchan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20269 of 2025 ====================================================== Kanchan Singh Daughter of Birendra Singh and Wife of Santosh Singh, Resident of Village- Chakki Bhala Dera, Police Station- Chakki, DistrictBuxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Human Resources Development Department, Government of Bihar, New Secretariat at Bikash Bhawan, Patna.

2.

The District Education Officer, Buxar.

3.

The Block Education Officer, Simari, Buxar.

4.

Headmaster, Middle School, Gayghat, Simari, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rang Nath Choubey, Adv.

For the Respondent/s :

Mr.Standing Counsel (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ petition has been filed for the following reliefs:- "For issuance of writ in the nature of certiorari or any other appropriate writ/writs for order/orders, direction/directions for payment of dues salary from 2023 to 2025 till today without any notice.

Though, the petitioner is working regularly as a teacher in the said school (Middle School, Gayghat,

Patna High Court CWJC No.20269 of 2025(2) dt.16-12-2025 2/3 Simari, Buxar)."

3. Learned counsel for the petitioner submits that the petitioner was appointed as Primary Panchayat Teacher in Simari Panchayat in the year 2013 and after submitting joining, she has regularly been paid salary till December, 2022, but for no prudent reason, the salary has not been paid since January, 2023 till today.

4. It has next been submitted by the learned counsel for the petitioner that the petitioner has been discharging duties which has been assigned to her and for want of financial assistance, she is facing various difficulties and, therefore, has filed this writ petition for payment of salary. Even the representation, which has been made before the authorities has not been paid any heed.

5. In order to buttress his submission, learned counsel for the petitioner has taken this Court to the attendance sheet, which has regularly been marked by the petitioner and is appended with the writ petition.

6. Be that as it may, the Hon'ble Apex Court has clearly laid down in the case of Man Singh Vrs. State of U.P. through Secretary and Others reported in 2022 OnLine SC 726 that, if the person is discharging his duties with full diligence

Patna High Court CWJC No.20269 of 2025(2) dt.16-12-2025 3/3 and there is no other reason for withholding the salary, then employee is entitled to salary for the duty discharged and it cannot be withheld by the authorities without any plausible ground.

7. In view of the dictum of the Hon'ble Apex Court, the Block Education Officer, Simari, Buxar (respondent no. 3) is directed to verify from the records with regard to the duties discharged by the petitioner and on finding, that the petitioner has regularly discharged the duty and there is no impediment in payment of salary, then same shall be paid to her within a period of six weeks from the date of receipt of a copy of this order.

8. Accordingly, the instant writ petition stands disposed of.

(Ajit Kumar, J) pravinkumar/- U