Created by Fuzzy Cloud

Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, with the petitioner directed to file a fresh representation and, if his claim is found in his favour, to be granted the regular pay scale and arrears.

Summary

Brajesh Kumar, appointed as a clerk/assistant teacher in Swami Prankushacharya Sanskrit High School, Jehanabad, was approved by the Bihar Sanskrit Shiksha Board but was denied the regular pay scale. He filed a writ petition seeking a mandamus directing the State of Bihar and the Board to regularise his position and pay all arrears. The petitioner relied on the Patna High Court’s earlier decision in C.W.J.C. No.985 of 2015, which held that teachers appointed before 31 August 2013 in schools recognised prior to 15 February 2011 could not have their pay scales reduced by later government resolutions. The Court found the present case identical to that precedent and therefore ordered the petitioner to make a fresh representation before the District Education Officer, attaching the Court’s order. The respondent is directed to decide the representation within eight weeks, and if the claim is upheld, the petitioner is to receive the regular salary and arrears. The writ petition is consequently disposed of.

Issues considered

  • Whether the petitioner is entitled to the regular pay scale and arrears as per the earlier judgment in C.W.J.C. No.985 of 2015.
  • Whether the State Government’s resolutions dated 15 February 2011 and 31 August 2013 can be applied retrospectively to the petitioner’s appointment.

Subjects

  • regularisation
  • pay scale
  • mandamus
  • Bihar Sanskrit Shiksha Board
  • teachers
  • writ petition
  • equality
  • retrospective application
  • discrimination

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.2146 of 2026
                 ======================================================
                 Brajesh Kumar Son of Kapildev Sharma, Resident of Village- Panchmahla,
                 P.O. and P.S.- Tekari, District- Gaya.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary Education,
                 Department of Education, Government of Bihar, Vikash Bhawan, Patna.
           2.    The Special Director, Secondary Education, Department of Education,
                 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, Patna.
           6.    The District Education Officer, Jehanabad, District- Jehanabad.
           7.    The District Programme Officer, Establishment, Jehanabad, District-
                 Jehanabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Suresh Kumar Ishwar, Adv.
                 For the Respondent/s   :      Mr. Narendra Kumar Singh, AC to GP-22
                 For the BSSB           :      Mr. Satyam Shivam Sundaram, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   10-02-2026                    Heard learned Advocate for the respective parties.

                               2. The petitioner was duly appointed as a Clerk in

                   Swami Prankushacharya Sanskrit High School, Hulasganj

                   Jehanabad by the Managing Committee vide Memo No.86 dated

                   24.01.2013 and subsequently his appointment has been duly

                   approved by the Bihar Sanskrit Shiksha Board. However,

                   notwithstanding the aforesaid fact, he has not been allowed the

                   regular pay scale; hence, the present writ application seeking

                   following reliefs:-
Patna High Court CWJC No.2146 of 2026(2) dt.10-02-2026
                                            2/6




                         “(i) For issuance of an appropriate writ, order,
                         direction in the nature of Mandamus for
                         commanding and directing the respondents to
                         declare the petitioner is regular teachers in the
                         aforesaid school and further for a direction to the
                         Respondents to make payment of their salary
                         allowance and other service benefits to the
                         petitioner as regular teacher in the aforesaid
                         school.
                         (ii) For issuance of an appropriate writ, order,
                         direction in the nature of Mandamus for
                         commanding and directing the respondents to
                         make payment of all dues salary to the petitioner
                         as regular Assistant Teacher in the aforesaid school
                         for which petitioner is entitled under the law.
                         (iii) For issuance of any other reliefs for which
                         petitioner may be found in the eyes of law.”

                      3. The learned Advocate for the petitioner submitted

          that the petitioner’s school is duly recognized well before the

          notification issued by the State Government dated 15.02.2011,

          and the posts in question had already been sanctioned prior to

          that very notification. It is further submitted that the validity of

          the afore-noted resolution of the respondent-State Government

          dated 15.02.2011 as well as the subsequent notification dated

          31.08.2013, was duly examined by this Court in C.W.J.C.

          No.985 of 2015 and the learned Division Bench of this Court
Patna High Court CWJC No.2146 of 2026(2) dt.10-02-2026
                                            3/6




          has clarified the position, in the following words:-

                                  “13. The petitioners are Teachers of such
                         Madarsas and Schools that stood recognized and
                         aided      prior    to    15.02.2011.   The   impugned
                         Resolution dated 31.8.2013 quoted hereinabove in
                         Clause 6 converts the pay-scales of those Teachers
                         who were appointed in such schools after
                         15.02.2011 with retrospective effect. This was
                         therefore impermissible as the matter under
                         consideration on 15.2.2011 was of giving a fixed
                         pay-scale to those Madarsas who had not been
                         recognized up to 15.02.2011, and were found
                         eligible after inquiry in terms of the said order of
                         the Government. The 15.02.2011 Resolution
                         therefore did not contemplate reduction of salary
                         of those who were getting a regular pay-scale in
                         recognized and aided Madarsas against posts
                         sanctioned prior to 15.02.2011 which formed a
                         different class. The petitioners were deprived of
                         the regular pay-scale for bringing about an
                         equality in respect of institutions which were not
                         subject matter of the Resolution dated 15.02.2011.
                         The 15.02.2011 resolution does not stipulate any
                         restriction of regular pay-scales. The State
                         Government          may     have   been   under   some
                         compulsion to reflect equality in its actions as they
                         agreed to give a fixed pay-scale to the Madarsas
                         that were recognized after 15.02.2011 as those
                         Teachers may have demanded a regular pay-scale,
Patna High Court CWJC No.2146 of 2026(2) dt.10-02-2026
                                            4/6




                         but the same could not have Patna High Court
                         CWJC No.985 of 2015 dt.27-03-2019 9/10 been
                         made a ground for deprivation of the pay-scale
                         admissible to sanctioned posts in respect of the
                         Madarsas and Schools that stood recognized and
                         aided prior to 15.02.2011. The said benefits could
                         not have been withdrawn retrospectively as the
                         petitioners even though appointed after 15.02.2011
                         but before 31.08.2013 were occupying posts that
                         were recognized and aided even prior to
                         15.02.2011 with regular pay-scale. The posts had
                         not been abolished nor their pay-scales had been
                         reduced when the petitioners were appointed
                         which was admittedly prior to 31.08.2013. The
                         shifting and adjustment of financial burden
                         adopted by this discriminatory process therefore is
                         an irrational exercise and is both arbitrary and
                         discriminatory. If the State Government chose to
                         give a lesser pay-scale to Madarsas which were
                         unrecognized and unaided but were recognized
                         after 15.02.2011, the same formed a separate class
                         and it cannot be clubbed together for the purpose
                         of revising the benefits of the petitioners who were
                         in their own right entitled and were already getting
                         a regular pay-scale prior to 31.08.2013. The
                         impugned Resolution dated 31.08.2013, therefore,
                         cannot apply in the case of those who have been
                         appointed prior to 31st August, 2013.
                                  For all the aforesaid reasons, the impugned
                         action and Resolution to the aforesaid effect
Patna High Court CWJC No.2146 of 2026(2) dt.10-02-2026
                                            5/6




                         converting the pay-scale of the petitioners cannot
                         be sustained and is, hereby, quashed insofar as it
                         relates to the petitioners.
                                  14. We, accordingly, allow the writ petition
                         and declare that the petitioners will continue to get
                         the same salary that they were getting prior to the
                         impugned resolution together with all arrears on
                         that account that shall be released forthwith within
                         a period of three months from today.”

                       4. It is the contention of the learned Advocate for the

          petitioner that the case of the petitioner is fully covered with the

          afore-noted decision passed by the learned Division Bench of

          this Court and thus the petitioner is also entitled to get similar

          relief(s). It is further added that identically situated persons have

          also approached this Court and it is contended at the Bar that

          they have been allowed the relief(s) prayed for in the writ

          petition.

                       5. Learned Advocate for the State and the Sanskrit

          Shiksha Board seek a short adjournment to file a counter

          affidavit.

                       6. Having considered the submissions advanced by

          learned Advocate for the petitioner that the case of the petitioner

          is said to be identical and covered with the decision rendered by

          the learned Division Bench of this Court in C.W.J.C. No.985 of
          Patna High Court CWJC No.2146 of 2026(2) dt.10-02-2026
                                                      6/6




                    2015, instead of keeping the matter pending, this Court deems it

                    fit and proper to dispose off the present writ petition with a

                    direction to the petitioner to file a fresh representation before the

                    respondent no.7 along with the order of this Court and the

                    decisions over which the reliance has been placed, preferably

                    within a period of two weeks from the filing of such

                    representation.

                                7. In case such a representation is filed before the

                    concerned respondent, he shall look into the matter and pass a

                    reasoned and speaking order within a further period of eight

                    weeks.

                                8. In case the claim of the petitioner finds favour and

                    covered with the afore-noted decision, similar benefit(s) must be

                    accorded to the petitioner.

                                9. The writ petition stands disposed off.



                                               (Harish Kumar, J)
rohit/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.