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Patna High Court

Bhim SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioners to file a representation before the District Programme Officer, to be decided in accordance with L.P.A. No. 43 of 2016, without directly granting the pay revision.

Summary

Petitioners, who are teachers in aided Sanskrit schools, filed a writ seeking direction to grant them the pay scales of the 5th and 6th Pay Revision as per a prior judgment (L.P.A. No. 43 of 2016). They argued that a Division Bench had earlier directed similar benefits for teachers of non‑government recognized Sanskrit schools. The State and the Bihar Sanskrit Shiksha Board contended that the relief sought is covered by that earlier judgment. The Court, after hearing counsel, did not directly award the pay revision but ordered the petitioners to file a detailed representation, along with a copy of the L.P.A. judgment, before the District Programme Officer within one month. The Court further directed that the representation be decided within three months and, if found admissible, the financial benefits be paid within one month of that decision. The writ application was therefore disposed with these procedural directions.

Issues considered

  • Whether teachers of aided Sanskrit schools are entitled to the 5th and 6th Pay Revision benefits as mandated in L.P.A. No. 43 of 2016.
  • Whether the State and the Bihar Sanskrit Shiksha Board are bound to implement the same salary revisions for non‑government recognized Sanskrit schools as for government schools.

Subjects

  • pay revision
  • 5th Pay Commission
  • 6th Pay Commission
  • Sanskrit school teachers
  • aided schools
  • writ jurisdiction
  • representation
  • salary benefits

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20867 of 2025
     ======================================================
1.    Bhim Sharma son of Ram Balak Sharma, resident of Village- Uchirma, P.S.
      Sherghati, District- Gaya Jee.
2.   Kanchan Sharma son of Ramat Sharma, resident of Village-Bhori, P.S.-
     Tekari, District-Gaya Jee.
3.   Ram Vinay Sharma son of Jugal Sharma, resident of Village-Bhori, P.S.-
     Tekari, District- Gaya Jee.
4.   Rajeshwar Prasad son of Sita Ram Sharma, resident of Village-Baijal
     Tetariya, P.S.-Muffasil Gayajee, District- Gaya Jee.
5.   Narendra Deo Chaturvedi son of Kameshwar Sharma, resident of Village-
     Mushi, P.S.-Tekari, District- Gaya Jee.
6.   Dinesh Sharma son of Ram Nandan Sharma, resident of Village-Bhori, P.S.-
     Mushi, District- Gaya Jee.
7.   Indu Devi wife of Ravindra Sharma, resident of Village -Keshsaw Bigha,
     P.S.-Tekari, District- Gaya Jee.
8.   Ajeet Kumar son of Ram Naresh Sharma @ Ramnaresh Sharma, resident of
     Village-Ganga Chak, Police Station-Bikram, District-Patna.
9.   Rinku Kumari wife of Rajesh Kumar, resident of Village -Mushi, P.S.-
     Tekari, District-Gaya Jee.

                                                                 ... ... Petitioner/s
                                   Versus
1.   The State of Bihar through Principal Secretary, Human Resources
     Development Department Government of Bihar, Vikash Bhawan, Patna.
2.   The Special Director, Secondary Education, Incharge Sanskrit, Education
     Department, Government of Bihar, Vikash Bhawan, Patna.
3.   The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary.
4.   The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna.
5.   The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna.
6.   The District Education Officer, Gaya, District- Gaya Jee.
7.   The District Programme Officer, Establishment, Gaya, District- Gaya Jee.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Suresh Kumar Ishwar, Adv.
     For the Respondent/s   :      Mr. Government Pleader (18)
                            :      Mr. Navnit Kumar, Ac to Gp18
     For the Board          :      Mr. Satyam Shivam Sundaram, Adv.
                            :      Mr. Ankit, Adv.
                            :      Mr. Aman Kumar, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
         Patna High Court CWJC No.20867 of 2025(2) dt.06-01-2026
                                                    2/3




                                                  ORAL ORDER

2   06-01-2026             1. The petitioner nos. 1 to 6 were appointed as Assistant

                   Teacher in Sanskrit School and the husband of petitioner nos. 7

                   and 9 and father of petitioner no. 8 were also appointed as

                   teachers.

                           2. The writ application has been filed for a direction to the

                   respondents to grant pay scale under 5th and 6th pay revision to

                   the petitioners in terms of the judgment, dated 13.08.2019,

                   passed in L.P.A. No. 43 of 2016 and analogous cases.

                           3. Learned counsel for the petitioners submits that

                   Division Bench of this court in similar circumstances directed

                   the respondent/authorities in the Education Department to grant

                   benefits of revisional pay scale of 5th and 6th pay revision to the

                   teachers and non-teaching staffs of the non-government

                   recognized (aided) sanskrit schools in the same manner as

                   allowed to the teachers and non-teaching staffs of the

                   government schools together with dearness allowance as

                   admissible thereon.

                           4. Learned counsel for the State as well as Bihar Sanskrit

                   Shiksha Board submits that the relief prayed for in this writ

                   application is covered by the aforesaid Division Bench

                   judgment.

                           5. Having heard learned counsel for the parties, taking
          Patna High Court CWJC No.20867 of 2025(2) dt.06-01-2026
                                                     3/3




                    into consideration the nature of prayer made in this writ

                    application, the present writ application is disposed with liberty

                    to the petitioners to file a detailed representation along with

                    copy of the judgment passed in L.P.A. No. 43 of 2016 before the

                    respondent no. 7 / District Programme Officer, Establishment,

                    Gaya, District- Gaya Jee within a period of one month.

                            6. It is made clear that if representation is filed by the

                    petitioners, the same shall be disposed by the respondent no. 7

                    in the light of the judgment passed in L.P.A. No. 43 of 2016

                    within a period of three months from the date of filing of the

                    representation.

                            7. It is made clear that if the claim of the petitioners has

                    been found admissible by respondent no. 7, the consequential

                    financial benefits shall be paid to the petitioners / legal heirs

                    within a period of one month from the date of disposal of

                    representation.

                            8. With the aforesaid direction and obsersation, the

                    present writ application stands disposed.


                                            (Anil Kumar Sinha, J)
HarshPandey/-
U


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