Patna High Court
Rajesh Kumar BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioner must first file a fresh, detailed representation referencing the earlier submission, after which the claim will be adjudicated in line with the precedent.
Summary
The petitioner, a headmaster, filed a writ petition seeking to have his Matric Trained pay scale backdated to 05‑09‑1999, arguing that a prior Division Bench judgment (LPA No.1409/2017) entitled similarly situated teachers to such relief. The respondents contended that the issues were already decided and that a reasoned order sufficed. The court examined whether the petitioner fell within the scope of the earlier judgment and whether the respondents should be directed to pay salary differentials. It held that the petitioner must first file a fresh, detailed representation referencing his earlier submission before the claim can be adjudicated. The court ordered the representation to be filed within four weeks and the subsequent adjudication to be completed within twelve weeks, after which any entitled benefits would be extended. The writ application was consequently disposed.
Issues considered
- Whether the petitioner is entitled to have the date of granting the Matric Trained pay scale backdated to 05‑09‑1999 in accordance with the precedent.
- Whether the respondents should be directed to pay salary differences and consequential benefits arising from the backdated pay scale.
- Whether a fresh representation is required before the claim can be adjudicated.
Subjects
- Matric Trained Pay Scale
- government employees
- service matters
- backdated salary
- representation
- writ jurisdiction
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1989 of 2026
======================================================
Rajesh Kumar Bhagat Son of Late Bidyanand Bhagat, Resident of Village and
P.O- Khesar, P.S- Belhar, District- Banka, presently posted as Headmaster,
Upgraded Middle School, Geratikar, Block- Fullidumar, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The Regional Deputy Director of Education (R.D.D.E), Bhagalpur.
5. The District Education Officer, Banka.
6. The District Programme Officer (Establishment), Department of Education,
Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra
For the Respondent/s : Mr. Pankaj Kumar, SC-12
Mr. Sudama Kumar, AC to SC-12
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been filed for the
following relief(s):-
(i) For directing the respondent authority to shift/
extend the date of granting Matric Trained scale to
the petitioner w.e.f. 05.09.1999, in view of the law
laid down by he Division Bench of this Court vide
judgment dated 10.12.2018 passed in LPA
No.1409/2017 (Raj Narain Singh and others vs. the
State of Bihar and others) as well as Memo
No.1594 dated 26.11.2019 issued by the Additional
Chief Secretary, Department of Education, Bihar,
Patna High Court CWJC No.1989 of 2026(2) dt.09-02-2026
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Patna, considering that the petitioners are also
similarly situated teachers/ persons to whom the
said benefits have been granted by the respondent
authority concerned.
(ii) For a further direction to make payment of
differences of salary and other consequential
benefits in view of shifting/ extending the date of
such matric trained pay scale to the petitioners.
(iii) For any other relief for which the petitioner is
found entitled to, in the facts and circumstances of
the case.
3. Learned counsel for the petitioner submits that the
case of the petitioner is squarely covered by the judgment
rendered by the Division Bench of this Court in LPA No. 1409
of 2017 dated 10.12.2018. It is, therefore, prayed that the
respondents be directed to consider the claim of the petitioner
with regard to grant of matric trained pay scale to the petitioner
with effect from 05.09.1999, whereas the same has been granted
with effect from 01.06.2005.
4. On the other hand, learned counsel for the State
submits that the issues have already been adjudicated and that, if
the case of the petitioner is squarely covered by the aforesaid
judgment, the respondents may be directed to pass a reasoned
and speaking order, considering the ratio laid down in the said
judgment.
5. In view of the foregoing discussions, the petitioner
Patna High Court CWJC No.1989 of 2026(2) dt.09-02-2026
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is directed to file a fresh and detailed representation, making
specific reference to the earlier representation filed, before
respondent no. 6, within a period of four weeks from today.
Upon filing of such representation, the claim of the petitioner
shall be adjudicated within a further period of twelve weeks,
and the benefits to which the petitioner is found entitled shall
also be extended in his favour within the same time frame.
6. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
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