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Patna High Court

Sitaram PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            3/4




                          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
                                                      4/4




                    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/-

U


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