Patna High Court
Gopal Jha and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court disposed of the writ application, granting the petitioners liberty to file a representation before the District Education Officer for consequential benefits and prescribing disposal timelines.
Summary
The petitioners, three teachers, filed a writ petition seeking a mandamus directing the State of Bihar to pay arrears, dues and salary differences after fixing the appropriate pay scale as Assistant Teachers, and to grant consequential benefits. The petitioners had already received the arrears and salary differences, but claimed they were still owed consequential benefits. The State had no objection to the limited prayer of filing a representation before the District Education Officer (DEO) for those benefits. The Court, noting the limited nature of the remaining relief, granted the petitioners liberty to file such a representation within one month and directed the DEO to dispose of it within six months, with a further three‑month period to implement any entitlement. The writ application was therefore disposed of with these procedural directions.
Issues considered
- What relief, if any, remains for the petitioners after payment of arrears and salary differences?
- Whether the Court can direct the District Education Officer to entertain a representation for consequential benefits and prescribe timelines for its disposal.
Subjects
- writ jurisdiction
- mandamus
- salary arrears
- consequential benefits
- education department
- representation
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12843 of 2017
======================================================
1. Gopal Jha and Ors S/o Late Rama Kant Jha, Resident of Village- Malahi,
P.S.- Sursand, District- Sitamarhi, Presently working as Incharge
Headmaster Ramanujiya Sanskrit Madhyamik Vidyalaya, Nawahi, Sursand,
District- Sitamarhi.
2. Shiv Kumar Jha, S/o Late Rupkant Jha, Resident of Village- Banki, P.S.-
Madhepur, District- Madhubani, Presently working as Assistant Teacher,
Ramanujiya Sanskrit Madhyamik Vidyalaya, Nawahi, Sursand, District-
Sitamarhi.
3. Badri Narayan Tiwari, S/o Late Gulam Tiwari, Presently resident of Village-
Kuari, P.S.- Sursand District- Sitamarhi, working as Assistant Teacher
Ramanujiya Sanskrit Madhyamik Vidyalaya, Nawahi, Sursand Sitamarhi.
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Human Resources
Development Department, Department of Education, Bihar, Patna.
2. The Director, Secondary Education, Human Resources Development
Department, Bihar, Patna.
3. The Special Director, Secondary Education, Bihar, Patna.
4. The Bihar Sanskrit Shiksha Board, Patna through its Secretary.
5. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
6. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
7. The District Education Officer, Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murlidhar Mishra, Adv.
For the Respondent/s : Mr. Jai Prabhat Kishore, AC to SC-13
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
6 16-01-2026 Learned counsel for the petitioners as well as learned
counsel for the respondents-State are present.
2. With the consent of the parties the present writ
application is disposed of at this stage.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
Patna High Court CWJC No.12843 of 2017(6) dt.16-01-2026
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“For issuance of a writ in
the nature of mandamus directing the
respondents to make the payment
arrear/dues and difference of salary
after fixing the appropriate pay scale
of the petitioners as the Assistant
Teachers on granting and treating the
service of the petitioners from the date
of their approval to the appointment of
the services of the petitioners
continuously in the service of the
school namely Ramanujiya Sanskrit
Madhyamik Vidyalaya, Nawahi,
Sursand Sitamarhi (hereinafter refer
to as the school) and further for
issuance of an appropriate writ order
order/direction directing the
respondents to grant all the
consequential benefits to the
petitioners as an Assistant Teachers in
the School in accordance with law.”
4. Learned counsel for the petitioners submits that all
the three petitioners have been paid their arrears/dues and
difference of salary after fixing the appropriate pay scale as
Assistant Teacher and therefore, substantial part of the relief
claimed by the petitioners has been given to the petitioners. He,
however, submits that the petitioners are also entitled to
consequential benefits, which have not been given to the
petitioners and for that he wants to file a representation before
the District Education Officer, Sitamarhi. He, therefore, prays
that the District Education Officer, Sitamarhi may be directed to
Patna High Court CWJC No.12843 of 2017(6) dt.16-01-2026
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entertain the representation of the petitioners and dispose of the
same within a fixed time frame, after giving an opportunity of
hearing to the petitioners.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondents-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel appearing for the petitioners, this writ
application is disposed of granting liberty to the petitioners to
file a representation before the District Education Officer,
Sitamarhi for claiming consequential benefits. The said
representation must be filed by the petitioners within one month
from the date of passing of this order and if such a
representation is filed, the same shall be disposed of within a
period of six months from the date of filing of the
representation, after giving an opportunity of hearing to the
petitioners. Needles to emphasize that the final order which
shall be passed by the District Education Officer, Sitamarhi
should be a reasoned and speaking order. It is also made clear
that in case the petitioners are found entitled to the
consequential benefits, which the petitioners would be claiming
through the representation, the same should be extended to the
Patna High Court CWJC No.12843 of 2017(6) dt.16-01-2026
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petitioners within a further period of three months from the date
of from the date of passing of the final order by the District
Education Officer, Sitamarhi.
7. With the aforesaid observation and direction and
liberty granted to the petitioners, the present writ application
stands disposed of. Pending I.As, if any will be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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