Patna High Court
Raj Kumar IshwarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioner must first file a detailed representation before the District Education Officer, who will determine the entitlement to the revised pay‑scale benefits, and therefore disposed of the writ petition.
Summary
The petitioner, a teacher in a non‑government aided Sanskrit school, filed a writ petition seeking mandamus directing the State of Bihar and the Bihar Sanskrit Shiksha Board to implement the 5th and 6th Pay Commission revisions for his salary and benefits, on the same basis as government schools. He relied on a Patna High Court judgment (L.P.A No.43 of 2016) that had granted such benefits to similarly situated staff, while noting the Supreme Court’s Krishna Kumar Singh decision that barred superannuation benefits for private‑managed schools. The respondents argued that the petitioner had not made a formal representation to the authorities, and therefore the court should first require such a representation. The bench directed the petitioner to file a detailed representation before the District Education Officer, who must decide within six weeks whether the pay‑scale benefits are applicable, and ordered that any further revisions applicable to similar persons be extended to the petitioner. The writ petition was consequently disposed of.
Issues considered
- Whether teachers and non‑teaching staff of non‑government aided Sanskrit schools and Madarsas are entitled to the benefits of the 5th and 6th Pay Commission revisions applicable to government school staff.
- Whether the petitioner can claim superannuation benefits despite the Supreme Court’s Krishna Kumar Singh ruling.
- Whether a prior representation to the concerned authority is a prerequisite before the court can issue mandamus.
- Whether the court can directly direct payment of revised pay scales without awaiting the authority’s decision.
Subjects
- pay scale revision
- 5th Pay Commission
- 6th Pay Commission
- non‑government aided schools
- Sanskrit schools
- Madarsa
- mandamus
- writ petition
- salary benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4333 of 2026
======================================================
Raj Kumar Ishwar son of Late Subhadra Ishwar, Resident of Near Mandir,
Ward No.6, Maranchi Khurd, Maranchi Kalan, P.S.-Bachwara, District-
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Vikash Bhawan, Patna.
2. The Special Director, Secondary Education, Incharge Sanskrit Education,
Department of Education, Government of Bihar, Vikash 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, Begusarai, District- Begusarai.
7. The District Programme Officer, Begusarai, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Kumar Ishwar, Advocate
For the Respondent/s : Mr. Manoj Kr. Ambasth, S C (26)
Mr. Santosh Kumar Mishra, AC to SC-26
For the BSSB : Mr. Satyam Shivam Sundaram, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 30-03-2026 Heard learned counsel for the petitioner, learned
counsel for the Bihar Sanskrit Shiksha Board and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs :-
(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 implementation of 6 th
Patna High Court CWJC No.4333 of 2026(2) dt.30-03-2026
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pay scale to the petitioners with effect from 1.04.2006
and monetary benefit with all benefits from 01.04.2007
as like Government High School and Government
Minority High Schools in place of 01.04.2013 for
which the petitioner is 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 petitioner with effect from 1.01.1986
and all monetary benefits from 01.03.1989 as like the
Government High School or Minority Government
High 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 5 th
pay scale with all benefits, service allowance and other
service benefits to the petitioner in the aforesaid school
as like the Government High School. And minority
Madarsa High School in the State of Bihar. And further
respondents be directed to give payment of 6 th pay
scales with all benefits to the petitioner as like
Government High School and minority Madarsa High
Schools.
(v) For issuance of an appropriate writ, 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 of the aforesaid school to the petitioner
Assistant Teacher Government High School and
Minority Madarsa School in the State of Bihar.
(vi) For issuance of an appropriate writ, order,
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direction in the nature of Mandamus for commanding
and directing the respondents to give the benefits of the
respondents State Government decision memo No.237
dated 20.02.1990 of the aforesaid school to the
petitioner as like Government School. And minority
Madarsa High School for which the petitioner is fully
entitled under the law.
(vii) For issuance of any other reliefs which
petitioner may be found in the eyes of law.
3. Learned counsel for the petitioner submits that
benefit of revisional pay scale under the 5 th and 6th pay scale for
the teaching and non-teaching staff of non-government Madarsa
and Sanskrit schools are at par with teaching and non-teaching
staff of Government Madarsa and Sanskrit Schools and the
issues have been settled by this Hon’ble Court for which, these
petitioner has relied upon a judgment dated 13.08.2019, which
is appended with his petition as Annexure-P/9, passed by this
Hon’ble Court in L.P.A No.43 of 2016 and analogous cases. The
relevant portion of the judgment is extracted hereunder :-
“For the reasons and discussions above, we are
satisfied to record that the appellant-writ petitioners
have made out a case for indulgence and consequently
we direct the respondent authorities in the Education
Department including the Principal Secretary to
accord the benefits of revision of pay-scales under the
5th and 6th Pay Revisions to the teachers and non-
teaching staff of the Non-Government Recognized
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(Aided) Sanskrit Schools and Madarsas in the same
manner as allowed to the teaching and non-teaching
staff in the Government Schools together with dearness
allowance admissible thereon and let the exercise
together with the payment of differential amount of
salary to which the teaching and non-teaching staffs in
these schools are entitled, be made within a period of
three months from today.
We, however, bearing note of the Constitution
Bench judgment of the Supreme Court rendered in the
case of Krishna Kumar Singh (supra) are not
persuaded to allow the payment o! superannuation
benefits to these teaching and non-teaching staffs in
these schools because they are employees of the
schools which are run by the private managing
committees and thus cannot be held government
employees for such admissibility. To such extent we
refuse the relief of superannuation benefits for the
retired employees of the schools for they do not acquire
the status of a government employee and the relief that
we have allowed is strictly limited to the revision of
pay-scales under the 5th and 6th Pay Revisions
together with the dearness allowance admissible
thereon.”
4. Learned counsel for the Board and as also the
learned counsel for the State by going through the judgment,
submits that there is no representation before the authorities,
therefore, the petitioner may be directed to file a detailed
representation, which shall be considered in accordance with
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law and as also the judgment which is being referred by the writ
petitioner, and if on consideration, it is found that the
petitioner’s case is covered by the said judgment, then necessary
orders shall be passed by the concerned authority.
5. In such view of the matter, the petitioner is directed
to file a detailed representation with all supportive materials and
the judgments relied upon by him, before the District Education
Officer (respondent No.6), who would be obliged to take a final
decision in this matter and if the benefits of revision, which has
been allowed in case of others, for which, the petitioner is also
found entitled, the same benefits shall also be extended in his
favour, without any inordinate delay, preferably within a period
of six weeks from the date of representation. It goes without
saying that any further revision, which has been allowed in
favour of similarly situated persons, the same shall also be
allowed in favor of the petitioner to avoid further litigation.
6. Accordingly, the writ petition stand disposed of.
(Ajit Kumar, J)
sharun/-
U
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