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Patna High Court

Deodutta Prasad SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, with the petitioners directed to file a representation within four weeks and the competent authority required to pass a reasoned order in accordance with the earlier judgments and the Bihar Litigation Policy.

Summary

The petitioners, three assistant teachers, sought a mandamus directing the State of Bihar and its education officials to grant them the Matric‑trained pay scale of Rs 1200‑2040 (replacement scale Rs 4500‑7000) and the senior scale of Rs 9300‑34,800 with Grade Pay 4600, invoking earlier judgments and the Bihar Litigation Policy. They relied on the Court’s earlier orders in C.W.J.C. No 6139 of 2007, L.P.A. No 756 of 2015, and the Supreme Court’s affirmation in S.L.P. Diary No 28313 of 2018, as well as the decision in Mukesh Nandan Madhukar vs State of Bihar (CWJC No 2287 of 2025). The State argued that the petitioners should first make a representation under the Bihar Litigation Policy to demonstrate similarity with the precedent cases. The Court held that the petitioners’ case falls within the scope of the earlier judgments and directed them to file a representation within four weeks, after which the competent authority must issue a reasoned order. Consequently, the writ petition was disposed of, pending the petitioners’ representation and subsequent administrative action.

Issues considered

  • Whether the petitioners are entitled to the Matric‑trained pay scale and senior scale as per earlier judgments and the Bihar Litigation Policy.
  • Whether the respondents should be directed to issue a mandamus granting the said pay benefits.
  • Whether the petitioners must first make a representation under the Bihar Litigation Policy before the benefits can be granted.

Subjects

  • pay scale
  • Matric trained
  • senior scale
  • Bihar Litigation Policy
  • mandamus
  • service matters
  • education department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1986 of 2026
                 ======================================================
           1.     Deodutta Prasad Sah Son of Late Saryug Prasad Sah, Resident of Village-
                  Pipra, Post Office- Pipra, Police Station- Banmankhi, District- Purnia,
                  presently posted as Assistant Teacher, Middle School, Dhodhai Pipra
                  (Banmankhi), Police Station- Purnea, District- Purnea.
           2.    Ashok Kumar Bharti, Son of Late Ram Narayan Yadav, Resident of Village-
                 Kuthari, Police Station- Banmankhi, District- Purnea. Presently posted as
                 Assistant teacher as Middle School, Mohania Chakla, Anchal- Banmankhi,
                 Police Station- Banmankhi, District- Purnea.
           3.    Sant Prasad Sah, Son of Late Satyadeo Sah, Resident of Village- Belabadan,
                 Post Office- Pipra, Police Station- Banmankhi, District- Purnea. Presently
                 posted as Assistant teacher at Primary School, Belabadan, Anchal-
                 Banmankhi, Police Station- Banmankhi, District- Purnea.
                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           2.    The Director, Primary Education, Bihar, Patna.
           3.    The District Magistrate, Purnea.
           4.    The District Education Officer, Purnea.
           5.    The District Programme Officer (Establishment), Purnea.
           6.    The District Account Officer, Purnea.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Bijay Kumar Pandey
                 For the Respondent/s   :      AC to SC-21
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought inter alia the following relief(s), which is

                   reproduced hereinafter:-

                                            "(i) For issuance of an appropriate
                                  writ/writs in the nature of mandamus commanding
                                  and directing the Respondents to provide the
Patna High Court CWJC No.1986 of 2026(2) dt.09-02-2026
                                            2/4




                          petitioner, the benefit of Matric trained pay scale of
                          Rs. 1200-2040 (is replacement scale of Rs. 4500-
                          7000 in place of 3050-4590) from the date of his
                          initial appointment in pursuance of Finance
                          Department Resolution No. 3/PAR 01.03/89 6022
                          F(2) dated 18.12.1989 and provide the benefit of
                          order dated 31.03.2021 passed in C.W.J.C. No. 6139
                          of 2007 in identical case affirmed by Hon'ble
                          Division Bench of this Hon'ble High Curt by order
                          dated 16.08.2017 passed by this Hon'ble Court in
                          L..P.A. No. 756 of 2015 affirmed by the Hon'ble
                          Supreme Court in S.L.P. (Civil) Diary No. 28313 of
                          2018 dated 27.08.2018 in term of Clause-4(C) of the
                          State Litigation Policy.
                                     (ii) Further the Respondents be directed to
                          give senior scale of 9300-34,800 Grade pay 4600 of
                          Matric trained senior scale to the petitioner as the
                          petitioner having higher qualification at the time of
                          his initial appointment and he has completed 12
                          years of service.
                                     (ii) Any other reliefs may be granted which
                          would be just, proper and equitable in the opinion of
                          this Hon'ble Court."


                      3. Learned counsel for the petitioners submits that the

          case of the petitioners is squarely covered by the order passed by

          the Coordinate Bench of this Court in the case of Mukesh Nandan

          Madhukar vs. State of Bihar & Ors. (CWJC No. 2287 of 2025).

          The relevant portion of the said judgment is extracted

          hereinbelow:—

                                     “...3. Learned counsel for the petitioners
                          submits that the case of the petitioners is squarely
                          covered by the judgment passed in LPA No. 756 of
                          2015 arising out of C.W.J.C. No. 6139 of 2007 dated
Patna High Court CWJC No.1986 of 2026(2) dt.09-02-2026
                                            3/4




                          16.08.2017. Hence, the petitioners are entitled to the
                          similar relief, as per the State Litigation Policy under
                          Clause 4(c)(1), which reads as follows:-
                                                      "4.C Covered Matters: 4.C (1).
                                          A good number of cases are from the
                                          category      of    similar  cases.   Each
                                          Government Department will aim to
                                          consider and settle the claim of the
                                          representationist/applicant-
                                          employee/citizen, if the claim is found
                                          covered by any decision of the Court. Many
                                          service matters of this nature, can be
                                          disposed of at the level of the Department
                                          itself without compelling the litigant to
                                          come to the Court. In this manner, the
                                          Government Departments would be acting
                                          as efficient litigants.

                                     4. Considering the submissions made on
                          behalf of the petitioners, the present writ application
                          stands disposed of in light of the order passed in
                          C.W.J.C. No. 6139 of 2007 dated 31.03.2011 and
                          L.P.A. No. 756 of 2015 dated 16.08.2017 and the
                          State Litigation Policy, as quoted above.
                                     5. The benefit granted to the petitioner of
                          the aforesaid CWJC No.6139 of 2007 dated
                          31.03.2011, shall be extended to the petitioners of the
                          present writ petition, within a period of six months,
                          from the date of making such representation before
                          the competent authority.
                                     6. It is made clear that the Chief Secretary,
                          Bihar must call for the report from the Additional
                          Chief Secretary, Education Department in respect of
                          the cases, which are covered by the judgment of this
                          Court and take a decision by directing the authorities
                          concerned to act in accordance with the provision of
                          Bihar Litigation Policy, 2011.
                                     7. The State counsel is directed to
                          communicate this order to the Chief Secretary,
                          Government of Bihar forthwith.”
           Patna High Court CWJC No.1986 of 2026(2) dt.09-02-2026
                                                       4/4




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

                     submits that the petitioner may be directed to make a

                     representation under the Bihar Litigation Policy by appending all

                     supporting materials to demonstrate similarity of his case, and

                     upon finding that the issues involved are similar to those in the

                     cases where directions have been issued and benefits extended, the

                     respondents may be directed to decide the petitioner’s claim in

                     accordance with law.

                                 5. Considering the submissions advanced on behalf of

                     the parties, this Court directs that the case of the petitioner be

                     considered along with the case of Mukesh Nandan Madhukar vs.

                     State of Bihar & Ors. (CWJC No. 2287 of 2025) and be

                     adjudicated in accordance with law, upon the petitioner filing a

                     representation within a period of four weeks from today. The

                     competent authority shall thereafter pass a reasoned and speaking

                     order expeditiously.

                                 6. Accordingly, the instant petition stands disposed of.



                                                             (Ajit Kumar, J)
shikha/-

U


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