Patna High Court
Devanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the respondents must adjudicate the widows' claims for revision of the 5th and 6th pay scales in accordance with the Baidyanath Jha judgment.
Summary
The widows of three deceased teachers and a clerk filed a writ petition seeking retroactive implementation of the revised 5th and 6th pay scales, along with all associated monetary benefits, as granted to government and minority schools. They relied on the High Court's earlier judgment in Baidyanath Jha v. State of Bihar, which had settled similar claims. The State argued that the petitioners should first submit individual representations and job profiles. The Court directed the District Education Officer to adjudicate the widows' claims in strict conformity with the Baidyanath Jha order, giving the petitioners four weeks to file their job profiles and, if justified, to grant the benefits within eight weeks. The petition was consequently disposed with these directions.
Issues considered
- Whether the respondents are bound to implement the revised 5th and 6th pay scales for the widows of deceased teachers in accordance with the Baidyanath Jha judgment.
- Whether the petitioners are entitled to retroactive monetary benefits and service allowances as claimed.
- Whether the respondents must adjudicate the claims within the time‑frames prescribed by the Court.
Subjects
- pay scale revision
- widows' rights
- government teachers
- mandamus
- Bihar Sanskrit Shiksha Board
- retroactive benefits
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3998 of 2026
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1. Devanti Devi Wife of Late Sita Ram Pathak, resident of village and P.S.-
Nawanagar, District- Buxar.
2. Jhuniya Devi, Wife of Late Devdhari Singh, resident of Village- Chunni, P.S.
- Buxar Muffasil, District- Buxar.
3. Maya Devi, Wife of Late Umakant Pandey, resident of village and P.S.-
Nawanagar, District- Buxar. That the husband of petitioner no. 1 was
Assistant Teacher and Husband of petitioner no. 2 was clerk in the Adarsh
Sanskrit Uchcha Vidyalaya Chunni, Buxar and husband of petitioner no. 3
was Assistant Teacher in Satya Narayan Sanskrit High School Nawanagar
Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Human Resources
Development Department Government of Bihar, Vikash Bhawan, Patna.
2. The Special Director, Secondary Education Incharge Sanskrit, Education
Department, Government of Bihar, Vikas Bhawan, Patna.
3. The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary.
4. The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna.
5. The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna.
6. The District Education Officer, Buxa, District- Buxar.
7. The District Programme Officer, Establishment, Buxa, District- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Kumar Ishwar, Adv.
For the State : Mr. Prashant Pratap, GP2
For the BSSB : Mr. S.S. Sundaram, Adv.
Mr. Ankit, Adv.
Mr. Aman Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 24-03-2026 The instant writ application has been filed for the
following relief:-
“(i) For issuance of an appropriate writ,
order, direction in the nature of Mandamus for
commanding and directing the respondents to make
necessary correction/modification for the
Patna High Court CWJC No.3998 of 2026(2) dt.24-03-2026
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implementation of 6th pay scale to the petitioners
with effect from 1.04.2006 and monetary benefit
with all benefits from 01.04.2007 as like
Government Schools and Government Minority
Schools in place of 01.04.2013 for which the
petitioners are entitled under the law.
(ii) For issuance of an appropriate writ,
order, direction in the nature of Mandamus for
commanding and directing the respondents to make
necessary correction/modification for the
implementation of Vth pay scale to the petitioners
with effect from 1.01.1986 and all monetary
benefits from 01.03.1989 as like the Government
School or Minority Government School in place of
01.04.1998.
(iii) For issuance of an appropriate writ,
order, direction in the nature of Mandamus for
commanding and directing the respondents to make
payment of 5th pay scale with all benefits, service
allowance and other service benefits from
01.03.1989 to date of retirement of petitioners
deceased husband of the aforesaid school as like
the government School. And minority Madarsa
School in the State of Bihar. And further
respondents be directed to give payment of 6th pay
scales with all benefits to the petitioners from
01.04.2007 to the date of his retirement as like
Government School. And minority Madarsa
Schools.
(iv) For issuance of an appropriate writ,
Patna High Court CWJC No.3998 of 2026(2) dt.24-03-2026
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order, direction in the nature of mandamus for
commanding and directing the respondents to give
priority in payment of salary i.e. salary allowance
and other service benefits to the petitioners the
deceased husband in the aforesaid school as like
the Government Schools and Minority Madarsa
School in the State of Bihar.
(v) For issuance of an appropriate writ,
order, direction in the nature of Mandamus for
commanding and directing the respondents to give
the benefits of the respondents Stat Government
decision memo no. 237 dated 20.02.1990 to the
petitioners deceased husband as the Government
School. And minority Madarsa School for which
the petitioner is fully entitled under the law.”
2. Counsel for the petitioners submits that the issues,
with regard to revised 5th and 6th pay-scale, have already been
put at rest by this Court vide order dated 13.08.2019 passed in
the case of Baidyanath Jha Vs. The State of Bihar & Ors. (LPA
No. 43 of 2016 and its analogous cases) and the petitioners, who
are teachers and non-teaching staffs, are also entitled for such
revision but, for the reason best known to the authorities, the
same has not been extended to them.
3. On the other hand, counsel for the State
submits that the petitioners may be directed to file
their individual representation including their job profiles
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with all supportive materials of the deceased employee before
the authority concerned within a period of four weeks from
today.
4. Considering the aforesaid submission of the parties,
this Court finds it appropriate to direct the respondent no.7 to
adjudicate the claim of the widow petitioners with regard to
revision of 5th and 6th pay-scale by passing necessary orders
strictly in consonance with the order passed by this Court in the
case of Baidyanath Jha (supra).
5. If the claim of the deceased employees are found to
be justified, then necessary order, adjudicating the claim of the
petitioners, shall be passed within a period of eight weeks from
the date of filing of the job-profiles by the petitioners, which
shall also be communicated to petitioners and the benefits, for
which the petitioners are entitled, shall also be extended to them
within the same period of eight weeks.
6. With the aforementioned observation and direction,
the writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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