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Patna High Court

Kaushal Kishore SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed that the petitioner's claim be examined by the Director of Secondary Education within twelve weeks and, if justified, the trained pay scale be extended, thereby disposing of the writ petition.

Summary

The petitioner, a former Assistant Teacher (Sanskrit) appointed in 1982, sought direction for the State to grant him differential arrears, revised pay scale, and pension benefits as a trained teacher from 1 January 1989, relying on his Acharya qualification. He argued that earlier policy decisions extended the trained pay scale to teachers appointed in 1981‑82, and that the Supreme Court and earlier High Court judgments required the same treatment for him. The State contended that policy discretion allowed it to limit the extension of the trained pay scale to appointments after 1984‑85 and that the matter had been finally decided by higher courts. The Court noted the finality of the coordinate and division bench judgments and, following the apex court’s parameters, directed the Director of Secondary Education to consider the petitioner’s representation within twelve weeks and to extend the trained pay scale if justified. The writ petition was therefore disposed of with these directions.

Issues considered

  • Whether the petitioner is entitled to the trained teacher pay scale and related arrears/pension benefits retroactively from 01‑01‑1989 based on his Acharya qualification.
  • Whether the State's policy of limiting the trained pay scale to appointments before 1984‑85 can be overridden by judicial direction.
  • Whether earlier High Court and Supreme Court decisions bind the present claim and compel the State to grant the benefits.
  • Whether the court can direct the administrative authority to adjudicate the claim within a specified time frame.

Subjects

  • trained pay scale
  • Acharya qualification
  • teacher service benefits
  • differential arrears
  • pension
  • state policy discretion
  • judicial review
  • education department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1746 of 2026
                 ======================================================
                 Kaushal Kishore Sharma Son of Late Mundrika Singh, Resident of - At P.O. -
                 Chesi, P.S.-Nabutpur, District-Patna.

                                                                     ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Education Department, Government of Bihar,
                 Patna.
           3.    The Secretary, Secondary Education, Government of Bihar, Patna.
           4.    The Director, Secondary Education, Government of Bihar, Patna.
           5.    The District Education Officer, Patna.
           6.    The District Programme Officer, Patna.
           7.    The Headmaster, Project Balika Uchcha Vidyalaya, Nabutpur, Nagwa,
                 District-Patna.
           8.    The Accountant General (A and E) Bihar, Veerchand Patel Path, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Pankaj Kumar Sinha, Advocate
                 For the Respondent/s   :      Mr. Vikramadit, AC to SC-22
                                               Mr. Raj Nandan Prasad, Advocate
                                               Mr. Vishesh Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The instant writ application has been filed seeking a

                   direction to the respondents to make payment of the differential

                   arrear salary with effect from 01.01.1989, granting approval of

                   the petitioner’s service as a trained teacher up to the date of

                   retirement, i.e., 30.04.2019, along with the revised pay scale

                   with due interest, and to make payment of the revised pension
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          and other differential pensionary benefits forthwith, in terms of

          the resolution contained in Memo No.39P dated 05.03.2018,

          issued by the Department of Education, Government of Bihar,

          and in compliance with the notification contained in Memo

          No.92P dated 31.05.2018, issued by the Department of

          Education (Bihar Secondary Education Office), Government of

          Bihar. The petitioner seeks approval of service similar to that

          granted to certain teachers, with effect from 01.01.1989 instead

          of 25.01.2000, wherein the petitioner’s name stands at Sl.

          No.13, by virtue of the Acharya Degree being treated as

          equivalent to a trained teacher, which gets substantiated by

          Memo No.6066 dated 24.11.1986 issued by the then Director-

          cum-Joint Secretary, Education Department, Government of

          Bihar, Patna, and upheld in various orders passed by this Court

          and the Hon’ble Apex Court.

                      3. Learned counsel for the petitioner submits that the

          petitioner was appointed as Assistant Teacher (Sanskrit) in

          Project Balika Uchcha Vidyalaya, Nabutpur, Nagwa, District

          Patna, which was established well before the year 1984 by the

          Managing Committee. The petitioner was appointed after due

          assessment of his qualifications and eligibility for the said post,

          and accordingly, he was appointed on 28.04.1982. It is further
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          submitted that the petitioner has an unblemished career and has

          never been subjected to any departmental enquiry or any

          proceeding of a kind, which could hinder grant of such

          promotion.

                      4. It is next submitted that the petitioner’s services

          were recommended with effect from 01.01.1989, and the

          monetary benefits have been extended to him from the date of

          such recommendation. However, the scale of pay applicable to a

          trained teacher, based on his qualification of Acharya, has not

          been granted. It is submitted that the State Government had

          taken a policy decision, under which, in the first phase, the

          trained pay scale was extended to persons appointed in the year

          1981-82. In the second phase, however, the benefits under the

          same policy have not been extended to persons appointed after

          1984-85, including the petitioner.

                      5. It is further submitted that similar issues were

          brought to the notice of the coordinate Bench in CWJC No.

          20719 of 2014, and the Hon’ble Bench disposed of the writ

          petition with a direction to the Director of Secondary Education

          to scrutinize the grant of trained pay scale on the basis of the

          Acharya qualification, which has already been approved by the

          authorities. The issue has thus been settled insofar as Sanskrit
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          teachers are concerned, the reference of which can be read from

          the direction issued vide order dated 01.10.2018 passed in

          CWJC No. 20719 of 2014, holding that the trained pay scale be

          granted after examining the bona fides of teachers claiming such

          pay scale on the basis of qualifications obtained, specifically the

          degree of Acharya or Fazil, prior to the commencement of the

          NCTE Act, 1993. The State Government had challenged the

          order passed by the coordinate Bench in CWJC No. 20719 of

          2014 vide LPA No. 538 of 2019, in which, after due

          deliberation, the following order was passed:

                             “….3. Perusal of the aforementioned
                  information, one cannot draw inference as to whether
                  respondent Arun Kumar Rai service particulars have been
                  taken into consideration for the purpose of
                  implementation of the orders of this Court in the case of
                  State of Bihar vs Project Uchcha Vidya Sikshak Sangh
                  And Others reported in 2006 (1) PLJR (SC) 483.
                             4. Further, it is necessary to take note of para 16
                  of the Committee Report which is enclosed alongwith the
                  first supplementary and it is reads as under:-
                                            “16.    Among       the    teachers
                                appointed in Sanskrit subject, those who
                                have acquired the qualification of Acharya
                                have been considered as trained teachers in
                                the light of the prevailing rules of the
                                government. But keeping in mind the
                                essentiality of training, this committee
                                recommends that teachers having the
                                qualification of Acharya in Sanskrit subject
                                and working as teachers in the same subject
                                should obtain the degree of B.Ed. At one’s
                                own expense within three years, otherwise
                                promotion and other benefits (including
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                                 salary increment) will not be payable to
                                 them and the government will be able to
                                 terminate their service.”
                              5. Reading of the aforementioned paragraph,
                  committee has exceeded its jurisdiction insofar as
                  prescription of certain qualifications to such of those have
                  qualifications of Acharaya. It is the domain of the State
                  Government to prescribe qualification. In the light of the
                  Hon’ble Supreme Court decision in the case of P.U. Joshi
                  Vs. Accountant General reported in (2003) 2 SCC 632,
                  Para 10 which reads as under:-
                                     10. We have carefully considered the
                         submissions made on behalf of both parties.
                         Questions relating to the constitution, pattern,
                         nomenclature of posts, cadres, categories, their
                         creation/abolition, prescription of qualifications
                         and other conditions of service including avenues
                         of promotions and criteria to be fulfilled for such
                         promotions pertain to the field of policy is within
                         the exclusive discretion and jurisdiction of the
                         State, subject, of course, to the limitations or
                         restrictions envisaged in the Constitution of India
                         and it is not for the statutory tribunals, at any rate,
                         to direct the Government to have a particular
                         method of recruitment or eligibility criteria or
                         avenues of promotion or impose itself by
                         substituting its views for that of the State. Similarly,
                         it is well open and within the competency of the
                         State to change the rules relating to a service and
                         alter or amend and vary by addition/substraction
                         the qualifications, eligibility criteria and other
                         conditions of service including avenues of
                         promotion, from time to time, as the administrative
                         exigencies may need or necessitate. Likewise, the
                         State by appropriate rules is entitled to
                         amalgamate departments or bifurcate departments
                         into more and constitute different categories of
                         posts or cadres by undertaking further
                         classification, bifurcation or amalgamation as well
                         as reconstitute and restructure the pattern and
                         cadres/categories of service, as may be required
                         from time to time by abolishing the existing
                         cadres/posts and creating new cadres/posts. There
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                         is no right in any employee of the State to claim
                         that rules governing conditions of his service
                         should be forever the same as the one when he
                         entered service for all purposes and except for
                         ensuring or safeguarding rights or benefits already
                         earned, acquired or accrued at a particular point
                         of time, a government servant has no right to
                         challenge the authority of the State to amend, alter
                         and bring into force new rules relating to even an
                         existing service.
                             6. Be that as it may, reading of the full Bench
                  decision of this Court in particularly para 35 in the case of
                  Project Uchchavidyalaya Sikshak Sangh and Others Vs.
                  State of Bihar (FB) reported in 2000 (1) PLJR 287 read
                  with Hon’ble Supreme Court decision cited (supra)
                  namely para 83, there is no judicial direction for the
                  committee to prescribe qualification. Therefore, para 16
                  of the report is not in the light of the observation made by
                  this Court and the Hon’ble SupremeCourt. Hence, any
                  reliance on Para 16 to interfere with the Single Judge
                  order passed in C.W.J.C. No. 20719 of 2014 has not been
                  made out in the present L.P.A. No. 538 of 2019 (The State
                  of Bihar and others Vs Arun Kumar Rai).
                             7. Accordingly, the present L.P.A. No. 538 of
                  2019 stands dismissed.”


                          6. It is next submitted that after the disposal of LPA

          No. 538 of 2019 by the Division Bench, the said judgment was

          challenged by filing SLP (C) Diary No. 4431/2025, which was

          also dismissed on 03.03.2025. In the said order, it was observed

          that the Court is not inclined to interfere with the impugned

          judgment and order passed by the High Court.

                          7. On the other hand, learned counsel for the State

          does not dispute the factual position on record, as the issues
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                     have been laid to rest and the judgments passed by the Hon’ble

                     Coordinate Bench, as well as the Hon’ble Division Bench, have

                     attained finality at the level of the Hon’ble Apex Court.

                     Appropriate directions can, therefore, be issued to the Director

                     of Secondary Education to take a final decision regarding the

                     petitioner’s claim.

                                     8. Considering the submissions of the parties, this

                     Court is of the view that an appropriate representation, along

                     with all supporting documents and a copy of this order, shall be

                     placed before Respondent No. 4 for consideration. Upon filing

                     such representation, the same shall be adjudicated within twelve

                     weeks, strictly in accordance with the parameters laid down by

                     the Hon’ble Apex Court in the aforementioned judgment. If the

                     petitioner’s claim is found to be justified, the trained pay scale

                     shall be extended in his favour within the same period.

                                     9. With the aforesaid observations and directions,

                     the instant writ application is disposed of.



                                                  (Ajit Kumar, J)
shikha/-

U


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