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2025 Supreme(Online)(Pat) 2511

PATNA HIGH COURT
Alok Kumar Sinha, J
Ashok Kumar – Appellant
Versus
The State of Bihar through A.C.S Department of Education – Respondent
Civil Writ Jurisdiction Case No.20386 of 2025



Important Points

The court allows a petitioner to file representation for salary claims, mandating a timely and reasoned disposition.

Subject

Administrative Law - Writ Jurisdiction

Headnote

In this case, the petitioner sought to receive salaries from May 2016 to the present date. After arguing, it was agreed that the petitioner would submit a detailed representation to the District Programme Officer, which should be adjudicated on merits with a reasoned order. The Advocate for the State voiced no objection to this approach. The court permitted the representation to be filed within a month and required a response within three months thereafter. The decision must be well-reasoned if relief is deserved.

Advocates:
For the Appellants/Petitioners: Mr.Prabhakar Singh
For the Respondents: Mr. Vivek Prasad, G.P.-7, Mr. Manisha Singh, A.C. to G.P.-7

Table of Content
1. petitioner to submit representation; no objection raised. (Para 4 , 5)
2. court mandates timely response on the representation. (Para 6 , 7 , 8)
3. writ application is disposed of. (Para 9 , 10)

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 18-12-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent-State.

2. With consent of the parties, the present writ application is being disposed of at this stage itself.

3. The petitioners have prayed for grant of following relief :-

“3. To pay the salary from May, 2016 till today. And to any relief / reliefs for which the petitioner is entitled for.

4. After advancing some argument, Learned counsel for the petitioner submits that for the aforesaid relief claimed in the present writ application, the petitioner is prepared to file a detail representation before the District Programme Officer (Establishment), Gopalganj (respondent No.3) and prays that if such application is filed, appropriate direction be issued to respondent No.3 to decide the representation on merit after giving an opportunity of hearing to the petitioner within a fixed time frame.

5. To the aforesaid submissions made by learned counsel for the petitioner, 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 petitioner, this writ application is disposed of granting liberty to the petitioner to file a detail representation before the District Programme Officer (Establishment), Gopalganj (respondent No.3) within one month from the date of passing of this order and if such representation is filed by the petitioner, the same shall be disposed of by (respondent No.3) on merit within a further period of three months from the date of filing of the representation after giving an opportunity of hearing to the petitioners.

7. Needless to emphasize that the final order which Gopalganj (respondent No.3) should be a reasoned and speaking order.

8. It is further made clear that if the petitioner is entitled to the relief as claimed by him, then the same should be extended to the petitioner within a further period of three months from the date of passing of this order.

9. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.

10. All pending I.A.s, if any, is deemed to have been disposed of.

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