Patna High Court
Rita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioner to file a fresh representation and mandated the concerned authority to decide it within a fixed timeframe, thereby disposing of the writ.
Summary
Rita Kumari, a head teacher, filed a writ petition seeking a direction that the State of Bihar grant her the trained pay scale retroactively from her joining date as Assistant Teacher on 20‑02‑2014. She claimed that she had already submitted a representation for the same, which remained unadjudicated. The State argued that she must file a fresh representation with all supporting documents before the appropriate authority. The Court directed the petitioner to file a fresh representation before the District Programme Officer (Establishment), Gaya, within four weeks, and ordered that the officer decide the matter by a reasoned order within six weeks and extend any entitled benefits. The writ application was consequently disposed of.
Issues considered
- What procedural steps must the petitioner follow to obtain the trained pay scale?
- Whether the authority is obligated to consider the pending representation and grant the pay scale without a fresh filing.
Subjects
- trained pay scale
- representation
- education department
- writ jurisdiction
- administrative delay
- salary entitlement
- directive
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 2422 of 2026
======================================================
Rita Kumari Wife of Manoj Kumar, Daughter of Baleshwar Yadav, Resident
of Village- Mobarakpur, P.O.- Rampur, P.S. Belaganj, District- Gaya Ji, and
presently working as Head Teacher in Primary School Tarchuan, Block-
Dumariya, District- Gaya Ji.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Director, Secondary Education, Government of Bihar, Patna.
4. The District Magistrate, Gaya Ji.
5. The District Education Officer, Gaya Ji.
6. The District Programme Officer (Establishment), Gaya Ji.
7. The Block Education Officer, Dumariya, District- Gaya Ji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rama Kant Singh
For the Respondent/s : Mr.Government Pleader (5)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed seeking a
direction to the respondent authorities to grant and pay the
trained pay scale to the petitioner with effect from the date of
her joining on the post of Assistant Teacher, i.e., 20.02.2014.
3. Learned counsel for the petitioner submits that, for
payment of the trained pay scale, the petitioner has already
submitted a representation, as contained in Annexure-P/5, but
the same has not been adjudicated till date.
Patna High Court CWJC No. 2422 of 2026(2) dt.12-02-2026
2/2
4. On the other hand, learned counsel for the State
submits that if the petitioner files a representation setting out her
entitlement along with all supporting documents before the
appropriate authority, the same may be directed to be considered
and disposed of within a fixed timeframe.
5. Considering the submissions advanced on behalf of
the parties, the petitioner is directed to file a fresh
representation, annexing all requisite documents along with a
copy of this order, before the District Programme Officer
(Establishment), Gaya (Respondent No. 6), within a period of
four weeks from today. Upon receipt of such representation,
Respondent No. 6 shall consider and dispose of the same by a
reasoned and speaking order within a period of six weeks from
the date of its receipt. The benefits to which the petitioner is
found entitled shall be extended to her within the same period.
6. With the aforesaid observations and directions, the
writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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