Patna High Court
Yamuna Prasad OjhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the District Education Officer to adjudicate the petitioner's claim within a stipulated timeline and disposed the writ petition.
Summary
Petitioner Yamuna Prasad Ojha sought a writ of mandamus directing the State of Bihar and education officials to pay his pension at the graduate‑trained scale and related benefits, invoking a 2016 Full Bench judgment (Ramashankar Patel v. State of Bihar) that recognized such entitlement for teachers holding a Sahitya Alankar degree. He also claimed interest for delayed payment and exemplary costs for alleged harassment. The State conceded the earlier judgment but asked the petitioner to file a detailed representation to substantiate his claim. The Court, after hearing counsel, ordered the District Education Officer, Buxar to consider the petitioner's representation within four weeks and to decide the claim within eight weeks, extending benefits if justified. Consequently, the writ petition was disposed without granting the writs sought.
Issues considered
- Whether the petitioner is entitled to pension at the graduate‑trained scale and consequential benefits based on his Sahitya Alankar qualification as per the 2016 Full Bench judgment.
- Whether the respondents are liable to pay interest for delay and exemplary costs for alleged harassment.
- Whether the petition should be dismissed or the respondents should be directed to adjudicate the claim upon receipt of a detailed representation.
Subjects
- pension
- graduate trained scale
- Sahitya Alankar
- mandamus
- education department
- Bihar
- delay
- interest
- exemplary costs
- representation
- Full Bench precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20898 of 2025
======================================================
Yamuna Prasad Ojha Son of Late Muneshwar Ojha, Resident of Village-
Pandey Patti, F.C.I. Road Buxar, P.S.- Buxar (M) District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Secretary, Department of Primary Education, Bihar Govt. Patna.
4. The Director (Primary Education), Govt. of Bihar, Patna.
5. The District Magistrate, Buxar.
6. The District Education Officer, Buxar.
7. The District Programme Officer (Establishment), Buxar.
8. The Accountant General (A and E), Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anirudh Mishra
For the A.G. Bihar : Mr.Sunil Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-01-2026 In the instant petition, petitioner has prayed for the
following relief(s):-
“(i) For issuance of a writ in
the nature of Mandamus directing the
respondents to pay the amount of
pension of graduate trained scale as well
as other consequential benefits
considering the degree of sahityalankar
awarded to the petitioner in the year
1983 by Hindi Vidyapeth Devghar in
view of order passed by this Hon'ble
court in C.W.J.C. No. 11255/2016 (F.B.)
(ii) For issuance of writ
directing the respondents to pay the
interest for the period of delay in
Payment for which the petitioner is
entitled as well as exemplary cost for
Undue harassment caused to the
Patna High Court CWJC No.20898 of 2025(2) dt.16-01-2026
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petitioner.
(iii) For issuance of any other
writ/ writs, order/ orders,
direction/directions which the Hon'ble
Court may deem fit and proper.”
2. Counsel for the petitioner at the outset submits that
his case is squarely covered by the judgment rendered by the
Hon'ble Full Bench in the case of Ramashankar Patel and Ors
Vs. The State Of Bihar and Ors. passed in (CWJC No. 11255
of 2016).
3. Counsel for the petitioner submits that only because
of the reasons that the appointment obtained by this petitioner
on the post of Assistant Teacher, on the basis of the degree of
sahitya alankar, which is said to have been obtained from Hindi
Vidyapeth Devghar in the year 1983, the promotion in the
graduate trained scale was not allowed, while these issues has
already been adjudicated by the Hon’ble Full Bench in the case
of Ramashankar Patel and Ors Vs. The State Of Bihar and
Ors. passed in (CWJC No. 11255 of 2016) and consequential
notification has also been issued by the General Administration
Department, Govt. of Bihar as contained in notification no.
10878 dated 24.08.2017, and there may not be any legal
impediment before the authorities in adjudicating the claim of
this petitioner, who is said to have been retired in the year 2004,
Patna High Court CWJC No.20898 of 2025(2) dt.16-01-2026
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and has attained his age of 82 years.
4. On the other hand, counsel for the State does not
dispute the fact, which has already been put at rest by the
Hon'ble Full Bench and fairly submits that the petitioner may
directed to file a detailed representation showing his bona fide,
as also by appending the judgment of Hon’ble Full Bench so
that the authorities may adjudicate the claim within the timeline
so fixed.
5. Considering the stand of the parties, this Court
finds appropriate to direct Respondent No. 6 – District
Education Officer, Buxar to adjudicate the claim of this
petitioner on the representation, which would be filed within a
period of four weeks and on filing of such representation with
supportive material, the same shall be adjudicated within a
period of eight weeks, for the relief so sought and on findings
the claim to be justified in law, benefits shall also be extended.
6. Accordingly, the instant writ petition stand disposed
of.
(Ajit Kumar, J)
abhishekkr/-
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