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Patna High Court

Raj Kumar IshwarversusThe State of Bihar

Decided
Disposal
DISPOSED

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,
Patna High Court CWJC No.4333 of 2026(2) dt.30-03-2026
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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
           Patna High Court CWJC No.4333 of 2026(2) dt.30-03-2026
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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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