Disposed¶25

Binay Kumar and Anr. v. The State Of Bihar and Ors.

Patna HC7 Nov 2025CWJC/19539/2015

Case brief

AI extract

What is this about?

Arrears of salary; retrospective promotion; Annexure-P/20; representation to District Education Officer Begusarai; reasoned and speaking order; opportunity of hearing; 15 days to file representation; 3 months to decide; payment within 1 month of final order; disposed of writ; primary education department Bihar; Patna High Court CWJC 19539/2015; Alok Kumar Sinha J.

What did the court decide?

Writ application disposed of with liberty to file a representation for arrears of salary before the District Education Officer, Begusarai within 15 days; DEO to decide on merits after hearing by reasoned and speaking order within 3 months; if entitled, arrears to be paid within 1 month of the final order; all pending interlocutory applications deemed disposed of. ¶25

Binay Kumar and Anr. Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the petitioners, having been granted promotion with retrospective effect during the pendency of the case, are entitled to payment of arrears of salary, and whether a direction should issue to the District Education Officer, Begusarai to consider and dispose of their representation in that regard.

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Court's answer

The writ application is disposed of, granting the petitioners liberty to file a representation for claiming arrears of salary before the District Education Officer, Begusarai within fifteen days.

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Ratio / Principle

If such a representation is filed, the District Education Officer, Begusarai shall dispose of it on merits after giving the petitioners an opportunity of hearing, by passing a reasoned and speaking order.

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Key takeaways

The entire exercise before the District Education Officer, Begusarai must be completed within three months from the date of filing of the representation.ratio¶22
If the petitioners are found entitled to the arrears (promotion having already been granted with retrospective date), the District Education Officer, Begusarai shall ensure payment of the arrears within one month from the date of the final order.ratio¶24

Detailed headnote1 paragraphs

PATNA HIGH COURT (Alok Kumar Sinha, J.), Oral Order dated 07-11-2025 in CWJC No.19539 of 2015 — Binay Kumar & Anr. v. State of Bihar & Ors. Counsel for the petitioners submitted that the core grievance stood redressed during the pendency of the case, the petitioners having been granted promotion from a retrospective date (Annexure-P/20), but arrears of salary remained unpaid. The Court, noting the limited nature of the prayer and no objection from the State, disposed of the writ petition with liberty to the petitioners to file a representation for the arrears before the District Education Officer, Begusarai within 15 days; the DEO was directed to decide the representation on merits after affording an opportunity of hearing, by a reasoned and speaking order, completing the exercise within 3 months of filing; and, if the petitioners were found entitled, to ensure payment of the arrears within 1 month of the final order. Pending interlocutory applications were deemed disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19539 of 2015

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Binay Kumar S/o Nand Kishore Singh R/o village P.O. Bikrampur, P.S. Cheria Bariyarpur, District - Begusarai

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Shri Rajesh Kumar S/o Shri Gaurishankar Singh R/o village P.O. Mehdashahpur, P.S. Cheria Bariyarpur, District - Begusarai

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... ... Petitioners

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Versus

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The State Of Bihar

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The Director, Primary Education, Education Department, Government of Bihar, New Secretariat, District-Patna

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The Regional Deputy Director of Education, Munger Division, District Munger

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The District Education officer, District - Begusarai

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The District Programme officer Establishment , District - Begusarai

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... ... Respondents

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====================================================== Appearance : For the Petitioners : Mr. Purushottam Kumar Jha, Advocate : Mr. Avanindar Kumar Jha, Advocate : Mr. Bishwash Vijeta, Advocate : Mr. Ram Naresh Jha, Advocate : Mr. Prabhat Kumar Singh, Advocate For the State : Mr. Madanjeet Kumar, GP-20 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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10 07-11-2025

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Heard learned counsel for the petitioners and learned

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counsel for the Respondent-State.

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Learned counsel for the petitioners fairly submits that effectively the grievance of the petitioners have been redressed during the pendency of the case to the extent that the petitioners have been granted promotion from retrospective date (Annexure-P/20). However, he submits that the arrears of salary has not been paid after being promoted from the retrospective

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Patna High Court CWJC No.19539 of 2015(10) dt.07-11-2025 2/3

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date. He, therefore, submits that the petitioners are willing to file a representation in this regard and prays that an appropriate direction be issued to the District Education Officer, Begusarai to consider the representation of the petitioners regarding payment of arrears and dispose of the same within a fixed time frame after giving an opportunity of hearing to the petitioners.

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To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel appearing for the Respondent-State does not have any objection.

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Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a representation for claiming the arrears of salary before the District Education Officer, Begusarai within fifteen days from today and in the event, such a representation is filed, the District Education Officer, Begusarai shall dispose of the same on merit after giving an opportunity of hearing to the petitioners, by passing a reasoned and speaking order. The entire exercise must be completed by the District Education Officer, Begusarai within a further period of three months from the date of filing of the representation. It is made clear that in case the petitioners are entitled to the arrears in light of the fact that petitioners have

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Patna High Court CWJC No.19539 of 2015(10) dt.07-11-2025 3/3

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already been granted promotion with retrospective date then the District Education Officer, Begusarai will ensure payment of the arrears within a period of one month from the date of passing of the final order.

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With the aforesaid observation and direction, the present writ application is disposed of. All pending Interlocutory Applications, if any, will be deemed to have been disposed of.

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(Alok Kumar Sinha, J)

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Gaurav Sinha/-

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Binay Kumar and Anr. v. The State Of Bihar and Ors.

Case brief

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Binay Kumar and Anr. v. The State Of Bihar and Ors.

Case brief

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