Patna High Court
Shyama Nand SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court declined to grant the relief sought and instead directed the petitioners to file a fresh representation before the District Programme Officer, with the authority to decide the matter within a stipulated time.
Summary
A group of seven headmasters filed a writ petition seeking to have the date of granting the Matric Trained Pay Scale backdated to 5 September 1999, instead of the date of 1 October 2003, relying on a 2018 Division Bench judgment (LPA No.1409/2017) and a 2019 departmental memo. They also claimed entitlement to salary differentials and consequential benefits arising from the backdated pay scale. The State of Bihar contended that the petitioners should first file a representation before the competent authority with supporting documents. The Patna High Court, after hearing both sides, directed the petitioners to file a fresh representation before the District Programme Officer (Establishment) within four weeks and ordered the authority to consider the grievance within eight weeks, extending the benefits if justified. No immediate relief was granted and the writ application was disposed of subject to the said procedure.
Issues considered
- Whether the petitioners are entitled to have the date of granting the Matric Trained Pay Scale backdated to 5 September 1999 as per the earlier judgment.
- Whether the petitioners can claim payment of salary differentials and other consequential benefits arising from the backdated pay scale.
- Whether the court can direct the respondents to consider a fresh representation before the competent authority.
Subjects
- service matters
- pay scale
- Matric Trained Scale
- writ jurisdiction
- representation
- Bihar education department
- salary differential
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2501 of 2026
======================================================
1. Shyama Nand Singh Son of Late Awadh Bihari Singh, Resident of at
Babutola, Ward No. 17, P.S. and District- Banka, presently posted as
Headmaster, Middle School, Domakhandh, Block and District- Banka.
2. Manishanker Prasad, Son of Sri Chandrashekhar Prasad, Resident of Village
and P.O.- Auria, P.S.- Barahat, District- Banka, presently posted as
Headmaster, Upgraded Middle School, Makhanpur, Block- Barahat, District-
Banka.
3. Kaushal Kishore Singh, Son of Dashrath Prasad Singh, Resident of Village-
Babutola Amarpur Road, P.S. and District- Banka, presently posted as
Headmaster, Upgraded Middle School, Manjhiyara, Block and District-
Banka.
4. Chandra Paswan, Son of Jagdish Paswan, Resident of Village- Khagra, P.O.-
Khesar, P.S.- Belhar, District- Banka, presently posted as Headmaster,
Upgraded Middle School, Khagra, Block- Fullidumar, District- Banka.
5. Dinesh Kumar Jha, Son of Late Mahesh Kumar Jha, Resident of Village-
Madhuban, P.O.- Khesar, P.S.- Belhar, District- Banka, presently posted as
Headmaster, Middle School, Kadwara, Block- Fullidumar, District- Banka.
6. Sanjiv Kumar, Son of Bhuwaneshwar Prasad Singh, Resident of Village-
Bagroiya, P.O.- Makaita, P.S.- Dhankund, District- Banka, presently posted
as Headmaster, Upgraded Middle School, Harirampur, Block- Dhoraiya,
District- Banka.
7. Gopal Prasad Rajak, Son of Late Kunjo Rajak, Resident of Sakhichand Ghat
Road, P.O.- Naya Bazar, P.S.- Jogsar, District- Banka, Retired Headmaster,
Upgraded Middle School, Dhaka, Block- Dhaka, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director, Primary Education, Govt. of Bihar, Patna.
4. The Regional Deputy Director of Education (R.D.D.E.), Bhagalpur.
5. The District Education Officer, Banka.
6. The District Programme Officer (Establishment), Department of Education,
Banka.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra
For the Respondent/s : Mr. Sunil Kumar Mandal, SC-3
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioners and
Patna High Court CWJC No.2501 of 2026(2) dt.16-02-2026
2/3
learned counsel for the respondents.
2. The instant writ application has been filed for the
following relief(s):-
(i) For directing the respondent authority concerned to
shift/ extend the date of granting Matric Trained Scale
to the petitioners w.e.f. 05.09.1999 instead of
01.10.2003, in view of the law laid down by the
Division Bench of this Court vide judgment dated
10.12.2018 passed in LPA No.1409/2017 (Raj Narain
Singh & Ors vs. the State of Bihar & Ors.) as well as
Memo No.1594 dated 26.11.2019, issued by the
Additional Chief Secretary, Department of Education,
Bihar, Patna considering that petitioners are also
similarly situated teachers/ persons to whom the said
benefits have been granted by the respondent authority
concerned.
(ii) For a direction to make payment of differences of
salary and other consequential benefits in view of
shifting/ extending the date of such matric trained pay
scale to the petitioners.
(iii) Any other relief(s) to which the petitioner is found
entitled to in the facts and circumstances of the case.
3. Learned counsel for the petitioners submits that the
grievances of the petitioners can be redressed in light of the
judgment rendered by the Hon’ble Division Bench in LPA No.
1409 of 2017 (Raj Narain Singh and Others vs. The State of
Bihar and Others), and that the present matter may be disposed
of strictly in consonance with the aforesaid LPA. It is further
submitted that a representation has already been filed before the
District Programme Officer (Establishment), Banka, vide
Patna High Court CWJC No.2501 of 2026(2) dt.16-02-2026
3/3
Annexure-P/6; however, the same has not been adjudicated till
date.
4. On the other hand, learned counsel for the State
submits that the petitioners may be directed to file a
representation before the competent authority along with all
supporting documents for redressal of their grievances.
5. Considering the aforesaid submissions, the
petitioners are directed to file a fresh representation before
Respondent No. 6 within a period of four weeks from today,
along with all supporting materials including a copy of this
order and LPA No.1409 of 2017. Upon receipt of such
representation, the grievances of the petitioners shall be
considered and disposed of within a period of eight weeks from
the date of its receipt. If, upon such consideration, the case of
the petitioners is found justified, the benefits to which they are
entitled shall also be extended to them within the same period.
6. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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