PATNA HIGH COURT
HARISH KUMAR, J
Renu Kumari – Appellant
Versus
The State of Bihar through the Addl. Chief Secretary, Department of Education, Bihar – Respondent
Civil Writ Jurisdiction Case No.1189 of 2026
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 29-01-2026 Heard the parties.
2. A very sorry state of affairs has been depicted before this Court. The petitioner was duly appointed as a Block Teacher. However, when her joining was not accepted, she was constrained to approach before the District Appellate Authority, East Champaran, Motihari, by preferring Appeal No. 1042 of 2017. The Authority vide its order dated 23.12.2020 directed the Head Master of the school to accept the joining of the petitioner.
3. Notwithstanding the aforesaid order, the joining of the petitioner was not accepted and she was again compelled to file an application bearing Case No.45/2023-24 for execution of the order and punishment of the concerned authority for its willful defiance of the order under Rule-16 of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal and Appeal) Rules, 2020 (for short ‘the Rules, 2020).
4. This Court has further been apprised that the learned Appellate Authority while exercising its power under Rule-16 of the Rules, 2020 awarded a cost of Rs.50,000/- upon the Head Master of the school; even though the joining of the petitioner was not accepted and then she approached this Court by filing C.W.J.C. No.1189 of 2025. In pursuance of the direction of this Court on 27.01.2025, finally the joining of the petitioner was accepted vide Memo No.369 dated 28.01.2025. Despite his joining having been accepted by the Head Master of the school, now she has not been allowed the salary for the period she has been discharging her duty to the entire satisfaction of the authority concerned.
5. Narrating the entire facts, it is stated that once the petitioner has been allowed to discharge the duty as Prakhand Teacher in pursuance of the order of the District Appellate Authority as well as the order of this Court passed in C.W.J.C.
No.1189 of 2025, can the respondent authorities deny the salary. The arbitrariness on the part of the authorities is writ large that the petitioner has also not been allowing to mark her attendance in e-Shiksha Kosh as her particulars have not been uploaded till date by the Head Master/Block Education Officer.
6. Learned Advocate for the State prays for a short adjournment to get instruction(s) and file counter affidavit.
7. Considering the limited grievance of the petitioner and taking note of the recalcitrant attitude of the concerned respondents, including the Head Master of the school, instead of keeping the matter pending, this Court directs the District Education Officer, East Champaran, Motihari to look into the matter and ensure that the petitioner must get payment of her salary for the period she has been discharging her duty unless there is any order passed otherwise, preferably within a period of four weeks from today, keeping in mind the order passed by the Hon’ble Apex Court in Man Singh v. State of U.P. [2022 Live Law (SC) 341]
8. The writ petition stands disposed off.
(Harish Kumar, J)
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