Pramod Kumar Rai vs State of Bihar

Partha Sarthy, J

Heard learned counsel for the parties.

The petitioner has filed the instant application for the following reliefs:

“I. To issue a writ in the nature of mandamus, directing the respondents to pay the entire dues amount of petitioner dues under head of salary of different period/differential amount of salary etc. enumerated hereunder:

(i)  Dues  of  salary  of  the month of September and October of 2006.

(ii)  Dues  of  salary  of  the month of Feb.2011.

(iii) Dues of salary from Feb.2012 to January 2013.

(iv) Dues of salary of the month of Feb.2013.

(v)  Dues  of  salary  of  the month of Feb.2015.

(vi) Dues of salary from 07.01.2009 to 09.02.2009 and as also from 24.08.2010 to 19.10.2010.

(vii)  Difference  amount  of salary from Nov.2006 to Dec.2008 in terms of enforcement of 6th pay scale; as also from 01.07.2006 to 31.12.2008.

II. To direct the petitioner to grant Ist A.C.P. to the petitioner which has not been granted as yet which stands outstanding due to rendered length of service of petitioner.

III. To direct the petitioner to grant Ist A.C.P. to the petitioner which has not been granted as yet which stands outstanding due to required length of service of petitioner.

IV. To grant any other reliefs to the petitioner in connection with aforesaid reliefs for which petitioner is entitled to have.”

It is the case of the petitioner that the petitioner who was appointed as a Panchayat Secretary on 8.1.1999 has not been paid his difference of arrears of salary as a result of implementation of 6th pay scale for the periods mentioned in paragraph no. 1 of the writ application as reproduced herein above. It is further submitted that inspite of the petitioner having filed his representation dated 16.6.2025 before the District Panchayati Raj Officer, Madhubani (respondent no. 3), neither the petitioner was paid the arrears of salary due to him nor has the same been disposed off by any reasoned order.

In view of the above facts, the writ application is disposed off with a direction to the petitioner to file a fresh representation before the District Panchayati Raj Officer, Madhubani with respect to his arrears of difference of salary, etc as also the grievance raised in the instant application within a period of four weeks.

In case a representation is filed within the aforesaid period, the respondent no. 3 shall decide the same within a period of two months from the date of its filing and pay the admitted amount payable to the petitioner within the aforesaid period.

In case the respondent no. 3 is of the opinion that any amount asked for by the petitioner is not payable, the reasons for the same shall be communicated to the petitioner in writing within the aforesaid period.

It is made clear that the Court has not expressed any opinion on the merits of the case of the petitioner which is to be decided by the respondent concerned.

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