Patna High Court
Indra Shekhar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Programme Officer (Establishment), Darbhanga to dispose of the pending representations within six months and, if relief is warranted, to implement it within three months, thereby disposing of the writ application.
Summary
The petitioners, four assistant teachers appointed before 31 August 2013 at Maharani Laxmishwari Primary and Middle School, Darbhanga, sought a mandamus directing the State of Bihar and its education authorities to grant them the regular/revised pay scales under the Vth, VIth and VIIth Pay Commissions, relying on Resolution No.970 (31‑8‑2013), Government memos dated July 2023, the Bihar Litigation Policy‑2011, and a precedent (Imran Alam v. State of Bihar, 2020 PLJR 189). They had already filed a representation on 14 May 2025 with the District Programme Officer (Establishment), Darbhanga, which remained pending. The petitioners argued that the issue was already covered by the earlier Division Bench judgment and that a direction to the District Programme Officer to dispose of the pending representation within a fixed period would suffice. The respondents raised no objection to the limited prayer. The Court, agreeing that the matter was squarely covered by the earlier judgment, disposed of the writ by directing the District Programme Officer to decide the pending representation within six months, and, if relief is warranted, to implement it within a further three months, with a reasoned order.
Issues considered
- Whether the writ application for payment of revised pay scales is maintainable given the existence of a prior judgment covering the same issue.
- Whether the Court can direct the District Programme Officer (Establishment), Darbhanga to dispose of the pending representation within a specified time frame.
Subjects
- mandamus
- pay scale revision
- assistant teachers
- Bihar Education Department
- Bihar Sanskrit Shiksha Board
- representation pending
- District Programme Officer
- Resolution No.970
- Bihar Litigation Policy-2011
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14245 of 2025
======================================================
1. Indra Shekhar Mishra Son of Suresh Mishra Resident of Village Thalwara,
Ward no 7, PO Thalwara, District Darbhanga.
2. Sudhanshu Kumar Mishra son of Sri Suresh Mishra, resident of Mohalla and
Village-Thalwara, Ward No.7, P.0.-Thalwara, District-Darbhanga.
3. Bandana Kumari d/o Late Jai Shankar Chaudhary, resident of village-
Makhanpur, P.0.-Basha Mirjapur, District-Darbhanga.
4. Kiran Kumari d/o Sri Krishna Kumar Jha, resident of village-Sahora, P.0.
Anandpur, District-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Secretary, Education Department Govt. of Bihar, Patna.
3. The Joint Secretary, Education Department Govt. of Bihar, Patna.
4. The Special Director (Secondary Education) Govt. of Bihar, Patna.
5. The District Education Officer Darbhanga.
6. The District Programme Officer (Establishment) Darbhanga.
7. The Chairman, Bihar Sanskrit Shiksha Board Patna.
8. The Secretary, Bihar Sanskrit Shiksha Board Patna.
9. The Head Master, Maharani Laxmishwari Sanskrit Prathmik and Middle
School Laxmipur, Anandpur, Darbhanga.
10. The Secretary of the Managing committee of Maharani Laxmishwari
Prathmik and Middle School Laxmipur, Anandpur, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shree Kant Pandey, Adv.
For the Respondent/s : Mr. Upendra Pratap Singh, AC to SC-4
For the BSSB : Mr. Satyam Shivam Sundaram, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 06-07-2026 Heard learned counsel for the petitioners, learned
counsel for respondent-State and learned counsel for Bihar
Sanskrit Shiksha Board, Patna.
2. With the consent of the parties, this writ application
Patna High Court CWJC No.14245 of 2025(3) dt.06-07-2026
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is being disposed of at this stage itself.
3. The petitioners have prayed for the grant of
following reliefs:
“1. That this is an
application for issuance of a writ in
the nature of mandamus directing the
respondent authorities to pay the
regular pay scales/ revised pay scale
according to Vth, VIth and 7th regular
pay scale to the petitioners who are
Assistant Teachers in Maharani
Laxmishwari Prathmik and Middle
School, Laxmipur, Anandpur,
Darbhanga (in short school) in the
light of Resolution No.970 dated
31.8.2013, instead the fixed pay
scales, regular/ revised pay scales
should be paid, because they are
appointed by Managing Committee as
Assistant Teacher prior to 31.8.2013,
in recognized school by State Govt.
and aid given to school, prior to the
appointment of petitioners by State
Government and paid regular salary
same as given to Madarsa and
Sanskrit School Teachers by
Government vide Memo No.1133
dated 18.7.2023 and Memo No.1166
dated 24.7.2023 issued under the
signature of Joint Secretary,
Education Department, Govt. of Bihar
and on basis of Bihar Litigation
Policy-2011 and order passed by
Hon'ble Court in case reported in
2020 (4) PLJR 189 as petitioners are
similarly situated persons and their
case fully covered with above case
and/or pass appropriate order/orders
as deem fit and proper.”
4. Learned counsel appearing for petitioners submits
Patna High Court CWJC No.14245 of 2025(3) dt.06-07-2026
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that the issue involved in this writ application is no longer res
integra as the same is squarely covered by a Division Bench
judgment of this Court in the case of Imran Alam & Anr. vs.
The State of Bihar & Ors. reported in 2020(4) PLJR 189, a
copy of which has been brought on record by way of Annexure-
P/5. He further submits that in this regard the petitioner has
already filed a representation before the District Programme
Officer (Establishment), Darbhanga on 14.05.2025 (Annexure-
P/8) and the same continues to be pending till date. He,
therefore, submits that the petitioners would be satisfied if an
appropriate direction could be issued to the District Programme
Officer (Establishment), Darbhanga to dispose of the pending
representation of the petitioners, within a fixed time frame, after
giving an opportunity of hearing to the petitioners.
5. To the aforesaid submissions made by learned
counsel for the petitioners, learned counsels appearing for the
respondents parties do not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioners, this writ application
is disposed of directing the District Programme Officer
(Establishment), Darbhanga to dispose of the pending
representations of the petitioners dated 14.05.2025 within six
Patna High Court CWJC No.14245 of 2025(3) dt.06-07-2026
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months from the date of receipt/production of a copy of this
order, after giving an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the District Programme Officer
(Establishment), Darbhanga should be a reasoned and speaking
order and if the petitioners are found entitled to the relief which
the petitioners have claimed through the representations, the
same should be extended to the petitioners within a further
period of three months from the date of passing of the final
order.
8. With the aforesaid observation and direction the
present writ application is disposed of. All pending I.A.(s), if
any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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