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Patna High Court

Ram Bhagat MahtoversusThe Bihar School Examination Board

Decided
Disposal
DISPOSED

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
                                            3/4




          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
                                                      4/4




                    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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