Patna High Court
Sitaram PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The petition is disposed; the petitioners are directed to file a representation under the Bihar Litigation Policy, after which their entitlement will be adjudicated per the earlier judgments.
Summary
Three government school headmasters filed a writ petition seeking a mandamus directing the State of Bihar and education officials to grant them the notional Matric Trained Scale of Pay from 1 October 2003 and the monetary benefits from 31 July 2007, invoking the ratio of earlier judgments (LPA No.1409 of 2017 and CWJC No.3727 of 2015). They argued that the earlier judgments had already settled the effective date of promotion and that the authorities had failed to implement the benefits, adversely affecting their seniority. The State contended that the petitioners should first file a representation under clause 4(c)(i) of the Bihar Litigation Policy for adjudication. The Court observed that the issues were indeed covered by the prior judgments and directed the petitioners to file the required representation within two weeks, after which the benefits would be adjudicated in accordance with the earlier rulings. The Court further ordered that, if the petitioners are found entitled, the benefits be extended within eight weeks. Consequently, the writ petition was disposed without granting the immediate mandamus relief.
Issues considered
- What entitlement, if any, do the petitioners have to the notional Matric Trained Scale of Pay from 01-10-2003 and the monetary benefits from 31-07-2007?
- Whether the Court should issue a mandamus directing the respondents to grant the said benefits, or require the petitioners to pursue representation under the Bihar Litigation Policy.
Subjects
- Matric Trained Scale of Pay
- seniority
- mandamus
- Bihar Litigation Policy
- public service promotion
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2462 of 2026
======================================================
1. Sitaram Prasad Son of Shri Ramesh Mahato, Resident of Village - Pipariya,
Post Office- Sapahi, Police Station Turkauliya, District- East Champaran, At
present posted and working as Headmaster in Govt. Upgraded Middle
School Kawalpur Urdu, Anchal Turkauliya, District- East Champaran at
Motihari.
2. Sanjay Kumar Nirala, Son of Late Prabhulal Prasad, Resident of Village -
Mishrauliya, Police Station- Chiraiya, Distt.- East Champaran, Motihari, At
present posted and working as Headmaster in Govt. Middle School
Mahuawa, Block- Chiraiya, Distt.- East Champaran, Motihari.
3. Bhuneshwar Prasad, Son of Late Pran Sah, Resident of Village - Areraj, Shiv
Mandir, Ward No. 10, Post Office - Areraj, Police Station - Areraj, District
-East Champaran at Motihari, At present posted and working as Headmaster
in Govt. Middle School Bhada (Boys), Anchal Harsidhi, District- East
Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary -cum-the Principal Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Additional Chief Secretary -cum-the Principal Secretary, Finance
Department, Govt. of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
6. The District Education Officer, East Champaran at Motihari.
7. The District Programme Officer (Establishment), East Champaran at
Motihari.
8. The District Accounts Officer, East Champaran at Motihari.
9. The District Treasury Officer, East Champaran at Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Adv.
For the Respondent/s : Mr. Standing Counsel 21
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the parties.
2. The writ petition has been filed for the following
Patna High Court CWJC No.2462 of 2026(2) dt.12-02-2026
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relief:-
“I. For issuance of an appropriate writ
in the nature of mandamus for commanding
and directing the respondent authorities
concerned to hold and declare that, the claim /
prayer of the petitioners for extending the
Notional benefit of Matric Trained Scale of Pay
(for the period 01.10.2003 to 31.07.2007), for
the purpose of protection of Seniority vis-a-vis,
their batch mates & counterparts & Juniors, is
squarely covered by the ratio of the Judgment
& Order dated 10.12.2018 of this Hon'ble
Court in LPA No. 1409 of 2017 & Order dated
27.05.2019 in CWJC No. 3727 of 2015.
II. For issuance of an appropriate writ in
the nature of mandamus for commanding and
directing the respondents concerned to fix the
date of grant of Matric Trained Scale of Pay to
the Petitioner', 'Notionally' w.e.f. 01.10.2003 &
monetary benefit of said fixation w.e.f.
31.07.2007 i.e., in such a manner for the
period 01.10.2003 to 31.07.2007, that the
Seniority of the Petitioners should not be
adversely affected, And, upon such fixation
Respondents concerned may further be directed
to shift back the effective date of Promotion of
the Petitioners', in Trained Graduate Scale of
Pay, (w.e.f. the date, on which, persons who
have passed the in-service teachers training
Patna High Court CWJC No.2462 of 2026(2) dt.12-02-2026
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examination in 1" attempt/similarly situated
persons have been promoted and grant all
other consequential benefits.
III. For issuance of any other appropriate
writ/writs, order/orders, direction/directions
for which the writ petitioners will be found
entitled in the facts and circumstances of the
case.”
3. Counsel for the petitioners submits that in view of
the judgment rendered by Hon’ble Division Bench in LPA No.
1409 of 2017 (Raj Narain Singh & Ors. Vs. The State of Bihar
& Ors.), the issues with regard to effective date of actual
promotion have been redressed and the petitioners are entitled to
Matric Trained Scale notionally with effect from 01.10.2003
but, the monetary benefits of such fixation, for which these
petitioners are entitled with effect from 31.07.2007 but, for no
obvious reasons, has till date not been extended.
4. It is the case of the petitioners that there is already a
representation filed with all supporting materials but, the
authorities are sitting tight over the matter and grievances of the
petitioners has not yet been adjudicated.
5. On the other hand, counsel for the State submits
that under 4(c)(i) of the Bihar Litigation Policy, the petitioners
may be directed to file appropriate representation, which shall
Patna High Court CWJC No.2462 of 2026(2) dt.12-02-2026
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be adjudicated in terms of the issues judicially settled vide LPA
No. 1409 of 2017 and other related orders passed by the Co-
ordinate Bench of this Court relying upon the same.
6. Considering the submissions of the parties, this
Court finds it appropriate to direct the petitioners to file
appropriate representation under 4(c)(i) of the Bihar Litigation
Policy for adjudication of their grievances with all supportive
materials, giving reference to the earlier representations filed in
this regard and, on filing of such representation within a period
of two weeks from today, the issues of these petitioners with
regard to grant of Matric Trained Pay-scale (notionally) and, as
also, the actual monetary benefit, the same shall strictly be
adjudicated in terms of the judgment rendered by the Hon’ble
Division Bench in the case of Raj Narain Singh (supra) and
necessary order shall be passed and if the petitioners are found
entitled for the benefits, the same shall also be extended to them
within a period of eight weeks thereafter.
7. The writ petition accordingly disposed of.
(Ajit Kumar, J)
rishi/-
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