Patna High Court
Ramji PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petition is dismissed as the petitioners cannot claim parity in superannuation age and the State's policy fixing retirement at 60 years is valid.
Summary
The petitioners, four teachers, filed a writ seeking a mandamus directing the State of Bihar to raise their superannuation age to 62 years to achieve parity with elementary/primary teachers in recognized non‑government Sanskrit schools. They argued that the earlier retirement age of 62 was reduced to 55, later raised to 58 and then to 60, and that they should enjoy the higher age applicable to Sanskrit school teachers. The respondents contended that the superannuation age is a policy matter of the State, that the petitioners knowingly joined service under the 60‑year limit, and that the service conditions of Sanskrit school teachers differ fundamentally from government teachers. The Court held that the petitioners cannot claim parity as they accepted the prevailing retirement age at the time of appointment and that the policy decision is within the State’s discretion. Consequently, the writ petition was dismissed.
Issues considered
- Whether the petitioners are entitled to parity in superannuation age with teachers of recognized non‑government Sanskrit schools.
- Whether the fixation of superannuation age is a policy decision immune from judicial interference.
- Whether the petition is maintainable given the petitioners’ acceptance of the 60‑year retirement age at the time of appointment.
Subjects
- superannuation age
- parity
- teachers
- government policy
- writ of mandamus
- service conditions
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3267 of 2025
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1. Ramji Prasad S/o Sri Shiya Sharan Prasad, Resident of Mohall-Ghana
Colony (New Jaganpura), P.S- Ramkrishna Nagar, District-Patna.
2. Vijendra Kumar Singh S/o Late A.G. Singh, Resident of Village Shivpur,
P.S. Nawanagar, District- Buxar.
3. Jag Narayan Prasad S/o Sri Prayag Prasad, Resident of Ward No.5 Nai
Bazar, Near Badi Masjid, Buxar, P.S.- Buxar Mufasil, District- Buxar.
4. Surendra Kumar Singh S/o Haribansh Singh, Resident of Mohalla- Koran
Sarai, P.S.- Koran Sarai, District- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Director (Primary Education), Government of Bihar, New Secretariat,
Patna.
4. The District Education Officer, Patna.
5. The District Programme Officer (Establishment), Patna, District- Patna.
6. The District Education Officer, Buxar.
7. The District Programme Officer (Establishment), Buxar, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
For the Respondent/s : Mr. Government Advocate-5
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 19-01-2026 Heard the parties.
2. The present writ petition has been filed for the
following relief:-
A. A writ in the nature of Mandamus or any
other appropriate Writ, Order(s),
Direction(s) commanding the Respondents
to enhance the superannuation age of the
Patna High Court CWJC No.3267 of 2025(2) dt.19-01-2026
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Petitioners to 62 years, ensuring parity
with elementary/primary teachers of
Sanskrit Schools in Bihar, along with all
consequential benefits.
3. Learned counsel for the petitioner submits that as
per the assertion made in the writ petition, previously the age of
superannuation for elementary/primary teachers was 62 years.
Subsequently, vide resolution dated 09.02.1973, the State
Government took over all elementary/primary schools
previously managed by Municipalities, effective from
01.01.1971, converting them into Government schools and by
the same resolution reduced the superannuation age of the
elementary/primary teachers from 62 years to 55 years to give
them the complete status of Government teachers. Subsequently,
the age limit was revised to 58 years, which was subsequently
enhanced at 60 years vide memo no. 458, dated 18.07.1994.
4. It is the case of the petitioner that he should have
been given parity with the elementary/primary teachers of
Sanskrit Schools in Bihar wherein the retirement age has been
fixed at 62 years.
5. A counter affidavit has been filed on behalf of the
Deputy Secretary, Education Department, Government of Bihar,
Patna where in paragraphs 6 & 8, it has been categorically stated
Patna High Court CWJC No.3267 of 2025(2) dt.19-01-2026
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as follows :-
6. That, in the above regard, it is most humbly
submitted, at the very outset, that
fixing/revising the age of superannuation is a
matter pertaining to policy decision of the
State Govt. The petitioners, having
knowledge of the age of superannuation to be
60 years, had applied for and, on being
selected, joined as teachers. As such, at the
verge of attaining their age of
superannuation, they cannot simply claim
their age of superannuation at 60 years to be
arbitrary, which is wholly misplaced,
misconceived and not at all maintainable in
the eyes of law.
8. That, in the above regard, it is most humbly
submitted that the service conditions of
teachers teaching in Recognized Non-
Government Sanskrit Schools are not, in any
way, akin to the Govt. School teachers. Even
the appointments so made are done by the
respective Managing Committees and their
salaries fare much low as compared to Govt.
School Teachers, who are being appointed by
the Govt. authorities on the
recommendations made by the Bihar Public
Service Commission (hereinafter
Commission).
The Recognised Non-Government Sanskrit
Schools often depend on the Govt.
Aids/Grants to disburse salaries to the
teachers teaching in these schools while the
Govt. School Teachers get Pay Scales, Grade
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Pay and other allowances. Thus, no
comparison can be made between these two
entirely different classes and, as such,
seeking parity with teachers of Recognised
Non-Government Sanskrit Schools is wholly
misplaced and misconceived.
6. Further, the age of superannuation of the
elementary/primary teachers was fixed at 60 years by the State
Government vide resolution contained in Memo No. 458 dated
18.07.1994 and admittedly, the petitioner has joined in service
after the issuance of the above referred resolution and he
accepted the terms and conditions, according to which, the date
of superannuation is 60 years and he has never raised any
grievance.
7. Accordingly, based on the facts above-mentioned
and the fact that the petitioner at the time of his appointment
was not aggrieved by the resolution of the State Government
fixing the date of retirement at 60 years, now cannot claim for
parity with the service conditions of the elementary/primary
teachers of Sanskrit Schools in Bihar.
8. Accordingly, the writ petition stands dismissed.
(Ritesh Kumar, J)
AjayMishra/-
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