Patna High Court
Ram Bhagat MahtoversusThe Bihar School Examination Board
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court found the petitioners entitled to relief upon filing a representation and directed the Academic Director to dispose of the matter within a fixed period, without granting a mandamus for immediate payment.
Summary
Retired teachers Ram Bhagat Mahto and Madan Mohan Jha filed a writ petition seeking a mandamus directing the Bihar School Examination Board to pay them a grant released by the State Government for the 2016-18 session, arguing that they served beyond the retirement age of 60 fixed by a Board communique and relying on the Supreme Court's decision in Man Singh v. State of U.P. The Board and its officials did not oppose the petition. The Court, with the parties' consent, declined to issue a mandamus but allowed the petitioners to file a fresh representation before the Academic Director within one month and directed the Director to dispose of it within three months, issuing a reasoned order and extending any further relief to be granted within two months of that order. All pending interlocutory applications were deemed disposed.
Issues considered
- Whether the petitioners are entitled to the grant for the 2016-18 session despite the Board's retirement age communique.
- Whether a writ of mandamus can be issued directing the Board to make the payment.
- Whether the petitioners may be directed to file a fresh representation and the Board be bound to decide it within a stipulated time.
Subjects
- mandamus
- retirement age
- government grant
- representation
- Bihar School Examination Board
- public service pension
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2615 of 2026
======================================================
1. Ram Bhagat Mahto S/o Jagdish Mahto, resident of Bhagwanpur, Ward No.9,
Sanjat, District- Begusarai, retired as Incharge Principal, Satyanarayan
Prasad College, Sanjat, Begusarai.
2. Madan Mohan Jha S/o Late Ram Karan Jha, resident of- Sanjat, Ward No.9,
District- Begusarai retired as Head Clerk, Satyanarayan Prasad College,
Sanjat, Begusarai.
... ... Petitioner/s
Versus
1. The Bihar School Examination Board Patna through its Secretary.
2. The Secretary, Bihar School Examination Board, Patna.
3. The Academic Director, Bihar School Examination Board, Patna.
4. The President of Governing Body, Satyanarayan Prasad College, Sanjat,
Begusarai
5. The Secretary of Governing Body, Satyanarayan Prasad College, Sanjat,
Begusarai
6. The Incharge Principal, Satyanarayan Prasad College, Sanjat, Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv
For the Respondent/s : Mr. P.K.Shahi, AG
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
counsel for the respondent nos. 1, 2 and 3.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioners have
prayed for the grant of following reliefs:
(i) For issuance of an appropriate
writ in the nature of MANDAMUS,
Commanding and directing the Respondents
Patna High Court CWJC No.2615 of 2026(2) dt.18-02-2026
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to make payment out of grant released by the
State Govt. to the petitioners for the Session
2016-18 in view of law laid down by the
hon'ble Supreme Court in case of Man Singh
V/s the State of U.P. (2022 live law SC 341)
as the petitioners have discharged duty
during said session even then the payment of
said period is not being made taking the
shelter of Communique No.58/18 dated
15.03.2018 issued by Bihar School
Examination Board Patna (hererinafter
called 'Board') by which date of retirement
has fixed 60 years, though prior to said
communique the petitioners have discharged
duty upto age of 62 years.
(ii) For issuance of any other
appropriate writ/writs ,order/ orders,
direction/directions for which the writ
petitioners would be found entitled under the
facts and circumstances of the case.
4. After advancing some argument, learned counsel
for the petitioners submits that for seeking the aforesaid relief,
the petitioners are prepared to file a fresh representation before
the Academic Director, Bihar School Examination Board, Patna
(respondent no. 3) for consideration of their case. Learned
counsel for the petitioners further prays that if such a
Patna High Court CWJC No.2615 of 2026(2) dt.18-02-2026
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representation is filed, an appropriate direction be issued to the
Academic Director, Bihar School Examination Board, Patna
(respondent no. 3) to dispose of the representation filed by the
petitioners within a fixed time frame, after giving an opportunity
of hearing to the petitioners.
5. To the aforesaid prayer being made by learned
counsel for the petitioners, learned counsel appearing for
respondent nos. 1, 2 and 3 does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioners, this writ application
is disposed of granting liberty to the petitioners to file a fresh
representation before the Academic Director, Bihar School
Examination Board, Patna (respondent no. 3) within one month
from today and if such a representation is filed within the
stipulated time then the Academic Director, Bihar School
Examination Board, Patna (respondent no. 3) is directed to
dispose of the same within a period of three months from the
date of filing of the representation, after giving an opportunity
of hearing to the petitioners. Needless to emphasize that the
final order which shall be passed by the Academic Director,
Bihar School Examination Board, Patna (respondent no. 3)
should be a reasoned and speaking order. It is made clear that in
Patna High Court CWJC No.2615 of 2026(2) dt.18-02-2026
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case, the petitioners are found entitled to the relief as they would
be claiming through the representation, the same should be
extended to the petitioners within a further period of two months
from the date of passing of the final order.
7. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
U
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