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Patna High Court

Shiv Shankar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the Regional Deputy Director of Education to adjudicate the petitioner's claim on its merits and, if genuine, to pay the upgraded salary and arrears.

Summary

The petitioner, an assistant teacher, filed a writ petition seeking a mandamus directing the education authorities to grant him an upgraded pay scale with a Rs.200 increment, similar to a fellow employee. He alleged that his representation for parity, filed on 27-11-2025, was not considered and that he was denied a hearing, unlike the similarly situated colleague. The State argued that the respondent should be directed to pass a reasoned order after hearing the petitioner. The Court held that the Regional Deputy Director of Education must adjudicate the petitioner's claim on its merits and, if found genuine, pay the arrears within four weeks. Consequently, the writ petition was disposed, with the court ordering the authority to conclude the matter promptly.

Issues considered

  • Whether the petitioner is entitled to the upgraded pay scale with the Rs.200 increment as a matter of administrative parity.
  • Whether the education authority is required to provide a hearing and pass a reasoned order before denying the claim.
  • Whether a writ of mandamus is the appropriate remedy to compel the authority to grant the upgraded pay.

Subjects

  • pay scale
  • upgraded salary
  • increment
  • parity
  • administrative law
  • writ of mandamus
  • education department
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4262 of 2026
                 ======================================================
                 Shiv Shankar Prasad Son of Late Ram Dahin Prasad, Resident of Village-
                 Pratapur, P.S.-Kurtha, District-Arwal.

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through the Principal Secretary, Human Resource
                 Department, Govt. of Bihar, Patna.
           2.    The Director Secondary Education, Govt. of Bihar, Patna.
           3.    The Regional Deputy Director of Education, Magadh Division, Gaya.
           4.    The District Programme Officer (Establishment), Arwal.
           5.    The District Education Officer, Arwal.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Uday Narayan Singh, Advocate
                 For the Respondent/s   :        Mr. Standing Counsel (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   30-03-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The writ petition has been filed for the following

                   reliefs :-

                                            (I) That the present writ petition is being
                                  filed for issuance writ of Mandamus Commanding
                                  the respondent authorities specially Respondent
                                  No-3 (RDDE Gaya) and Respondent No-5 (DEO
                                  Arwal) giving direction to fixed pay scale of the
                                  petitioner in upgraded pay scale with increment of
                                  Rs.-10,900/-w-e-f01-04-2001 till 28-12-2006 (as
                                  upgraded pay Rs.-10,700/- effected thereafter in
                                  ease of petitioner) whereas other similarly situated
Patna High Court CWJC No.4262 of 2026(2) dt.30-03-2026
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                          employee in same cadre got upgraded pay Rs.
                          10,700/-since 01-04-2000 and Rs.-200/-Increment
                          added itself and therefore prayer being made for
                          payment of arrear amount of upgraded pay with
                          increment Rs. 10,900/- for the period 01-04-2001
                          to 28-12-2006 to the petitioner.
                                  (II) For any other relief/reliefs as deem fit
                          and proper by this Hon'ble Court.

                      3. Learned counsel for the petitioner submits that

          petitioner’s claim for upgraded pay scale with addition of the

          200 increments were fixed by the District Education Officer,

          Arwal and the same was recommended to the Regional Deputy

          Director of Education, Magadh Divison, Gaya, for approval,

          who without giving an opportunity of hearing to this petitioner,

          his claim with regard to up-graded pay-scale with addition of

          200 increment, has not been considered, while in the case of

          similarly situated person, the same has been considered.

                      4. It is the case of the petitioner that similarly situated

          one Assistant Teacher, namely, Baban Dubedi, has got the

          benefit of upgraded pay scale, which has been allowed by the

          Regional Deputy Director of Education, Magadh Divison, Gaya

          and the petitioner has also filed a representation for such parity,

          which is appended with the writ petition as Annexure-P/3, but

          the same is still pending.
           Patna High Court CWJC No.4262 of 2026(2) dt.30-03-2026
                                                       3/3




                                 5. On the other hand, learned counsel for the State

                     submits that appropriate directions may be issued to the

                     respondent No.3 for passing reasoned and speaking order, by

                     giving an opportunity of hearing on the representation, which is

                     said to have been filed by this petitioner, and is said to be still

                     pending before the authorities.

                                 6. Considering the stand of the parties, this Court

                     directs the Regional Deputy Director of Education, Magadh

                     Divison, Gaya, to adjudicate the claim of this petitioner which

                     has been placed for consideration through a representation dated

                     27.11.2025, by referring to Annexure-P/1, on its own merits and

                     on finding the claim to be genuine, benefits shall be paid to

                     them. It is expected that the entire exercise shall be concluded

                     within a period of four weeks from the date of production of

                     copy of the order passed by this Court. The petitioner is at

                     liberty to supplement his representation with further materials, if

                     it is found necessary to do so for proper adjudication.

                                 7. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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