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2026 Supreme(Online)(Pat) 3355

PATNA HIGH COURT
MR. PARTHA SARTHY, J
Ajay Kumar Jha – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.19947 of 2025



Advocates:
For the Appellants/Petitioners:Mr. Krishna Prabhat, Advocate, Mr. Subodh Kumar, Advocate, Mr. Surendra Kishore Thakur, Advocate
For the Respondents: Mr. Standing Counsel (26), Mr. Tripurari Nath Ambastha, AC to SC-26

An employee exonerated in departmental proceedings is entitled to salary arrears; failure to respond to grievances is addressed through judicial directions.

Headnote:This judgment addresses a petition for a writ of mandamus seeking the release of unpaid salary. The petitioner, exonerated from departmental proceedings and reinstated in service, has not received salary for specified periods due to unresponsive authority. The court ordered the petitioner to file a representation and required a decision on the grievances within stipulated timeframes. The merits of the petitioner's case were not adjudicated in this order. The Court directed that responses and payments to the petitioner should occur promptly.

Table of Content
1. petitioner claims unpaid salary despite being exonerated. (Para 3 , 4)
2. court directs representation process for salary claims. (Para 5 , 6)
3. writ application disposed with directions. (Para 7)

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 09-01-2026 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s) :

“1. That this writ application is being filed on behalf of the petitioner above named for issuance of the writ in the nature of mandamus directing and commanding to the Respondent Authority to release/pay the arrears of salary of the Petitioner from 08.01.2013 to 04.07.2013, with all consequential benefits and admissible interest thereon. And for any other appropriate writ/writs, direction/directions, order/orders as this Hon'ble Court thinks fit and proper in the facts and circumstances of this case.”

3. In brief, the case of the petitioner is that while working as a Block Agriculture Officer in Block- Rahika District-Madhubani, the petitioner was proceeded against in a departmental proceeding wherein finally he was exonerated of all the charges. Pursuant thereto he gave his joining.

4. It is contended by learned counsel for the petitioner that inspite of having been exonerated and having joined his service, he has not been paid his salary for the period from 8.1.2013 to 5.7.2013, the date on which he was finally posted. He has not received any response to the various representations filed.

5. In view of the nature of grievance raised by the petitioner herein, the Court intends to dispose of the writ application with the following directions :-

i. The petitioner shall file a representation before the Director, Agriculture Directorate, Department of Agriculture, Patna (respondent no.2) within a period of four weeks for the grievances raised in the instant application.

ii. The respondent no.2 shall decide the same and pay the admitted dues to the petitioner within a period of 2 months from the date of filing of the representation.

iii. In case the representation does not find favour with the respondent concerned, a reasoned order shall be communicated to the petitioner at the earliest.

6. It is made clear that the Court has not gone into the merits of the case of the petitioner which is to be decided by the respondent concerned.

7. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J)

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