Patna High Court
Anjani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted liberty to the petitioners to file a fresh representation before the District Education Officer, Nalanda, and directed the officer to dispose of it within six months, with a hearing and a reasoned order.
Summary
A group of teachers from Nalanda district filed a writ petition seeking the grant of the matric‑trained pay scale, relying on the earlier judgment in Ram Ashish Tiwary v. State of Bihar (C.W.J.C. No. 6139 of 2007) and its affirmation in L.P.A. No. 756 of 2015. They alleged that despite the earlier order, the education authorities had taken no action and no representation was filed. The court noted that no representation was annexed to the petition and, with the parties’ consent, allowed the petition to be disposed at this stage. The court directed the petitioners to file a fresh, detailed representation before the District Education Officer, Nalanda, within one month, and ordered the officer to decide it within six months after a hearing, issuing a reasoned order. If relief is granted, it must be implemented within three months. A typographical error in the party list was also corrected. The writ application was consequently disposed.
Issues considered
- What relief, if any, can the court grant to petitioners seeking the matric‑trained pay scale under the earlier judgment?
- Whether the court can direct petitioners to file a fresh representation before the District Education Officer and set timelines for disposal?
- Procedural adequacy of the petition given the absence of annexed representations.
Subjects
- writ jurisdiction
- pay scale
- representation
- education department
- procedural direction
- typographical error
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.470 of 2025
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1. Anjani Kumar S/o Akhileswar Prasad Sinha Resident of Mohalla-
Quamruddinganj, P.O. and P.S.-Biharsharif, District-Nalanda.
2. Vinay Kumar Sinha S/o-Kalika Nand Singh Residentof Village-Islampur,
P.O.-Ajanarua, P.S.-Noorsarai, District-Nalanda, Presently Working as
Assitant Teacher in Primary School, Mardan Bigha, Block-Parwalpur,
District-Nalanda.
3. Nagendra Prasad S/o Bisundev Mahto Resident of Village-Kashi Bigha,
P.O.- Teuse, P.S.- Jayrampur, District-Shekhpura, Presently Working as
Incharge Headmaster in Upgrades Middle School Gulani, Block-
Biharsharif, District-Nalanda.
4. Anup Kumar Sinha S/o-Anand Mohan Prasad Resident of E-34 Vijay Nagar,
Hanuman Nagar, P.O.-Lohiya Nagar, P.S.-Kankarbagh, District-Patna.
Presently Working as Graduate Teacher in Middle School Kothiya, Block-
Patna Sadar, Patna.
5. Panday Alok Kumar Sharma S/o-Panday Ashwani Kumar Sharma Resident
of Village and P.O. and P.S.- Karay Parsuray, District-Nalanda. Presently
Working as Head Master in Middle School Bandoh, Block- Rahui, District-
Nalanda.
6. Rita Kumari Sinha D/o-Birendra Kumar Resident of Mohalla-Professor
Colony, P.O. and P.S.-Biharsharif, District-Nalanda. Presently Working as
Graduate Teacher in Middle School, Noor Sarai, Sangat, Block-Noorsarai,
District-Nalanda.
7. Mritunjay Panday Avinashi S/o- Ramcharitra Pandey Avinashi, Resident of
Mohalla-Panchvati Nagar, P.O. and P.S.-Rajgir, District-Nalanda. Presently
Working as Assistant Teacher in Middle School Chakpar, Block- Rajgir,
District-Nalanda.
8. Shiv Kumar Prasad S/o-Brahamdev Mistri Resident of Village-Maijara,
P.O.-Madhar, P.S.-Ben, District-Nalanda, Presently Working as Graduate Art
Teacher in Kanya Middle School Sohasalempur, Block- Biharsharif,
District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through its the Additional Chief Secretary Cum the
Principal Secretary, Education Department, Government of Bihar, Patna.
2. The Additional Chief Secretary Cum the Principal Secretary, Education
Department, Government of Bihar, Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The Joint Secretary, Education Department, Bihar, Patna.
5. The District Education Officer, Nalanda.
6. The District Programme Officer (Establishment), Nalanda.
... ... Respondent/s
Patna High Court CWJC No.470 of 2025(4) dt.16-03-2026
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======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Adv
For the Respondent/s : Mr. Government Pleader (12)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 16-03-2026 Heard learned counsel for the petitioners and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioners have
prayed for the grant of following reliefs:
“(i) For issuance of an
appropriate writ (s)/order (s) for directing to
the respondents to give the matric trained
pay scale to the petitioners from the date of
their Joining in the right of C.W.J.C. No.
6139 of 2007 (Ram Ashish Tiwary and
others Vs. The State of Bihar and other)
dated 31.03.2011 which was upheld by the
Division Bench of this court by the judgment
dated 16.08.2017 passed in L.P.A. No. 756 of
2015 (The State of Bihar and others Vs. Ram
Ashish Tiwary and others).
(ii) For any other appropriate
relief(s) to the petitioners for which they may
be found entitled to in the eye of law.”
4. In paragraph 8 of the writ application, following
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statement has been made by the petitioners:
“8. That it is pertinent to state that
the petitioners have also given the
application before the respondents for their
same benefits in the light of the above said
order of the Hon'ble Court but respondents
authorities are still sitting tight over the
matter and no action has been taken in
favour of the petitioners by the respondents
till date.”
5. However, in support of the aforesaid statement
made in paragraph 8 of the writ application, not a single
representation said to have been filed before the Authorities, has
been annexed with the writ application. In such view of the
matter, learned counsel for the petitioners submits that the
petitioners would be satisfied if this writ application is disposed
of granting liberty to the petitioners to file a fresh representation
before the District Education Officer, Nalanda. He further prays
that an appropriate direction be given to the District Education
Officer, Nalanda to dispose of the representation filed by the
petitioners within a fixed time frame, after giving an opportunity
of hearing to the petitioners.
6. To the aforesaid prayer being made by learned
counsel for the petitioners, learned counsel appearing for
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respondent-State does not have any objection.
7. Considering the limited nature of prayer being
made by learned counsel for the petitioners, this writ application
is disposed of granting liberty to the petitioners to file a fresh
detailed representation before the District Education Officer,
Nalanda within one month from today. If such a representation
is filed within the stipulated time then the District Education
Officer, Nalanda is directed to dispose of the same within a
further period of six months, after giving an opportunity of
hearing to the petitioners. Needless to emphasize that the final
order which shall be passed by the District Education Officer,
Nalanda should be a reasoned and speaking order. It is made
clear that in case, the petitioners are found entitled to the relief
which they would be claiming through the representation, the
same should be extended to the petitioners within a further
period of three months from the date of passing of the final
order.
8. It is noted by this Court that while arraying the
District Education Officer, Nalanda and the District Programme
Officer (Establishment), Nalanda as party-respondent nos. 5 and
6, a typographical error has been committed whereby in place of
Nalanda, Patna has been typed.
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9. Learned counsel for the petitioners is directed to
rectify the said mistake during course of the day.
10. With the aforesaid observation/direction and
liberty granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
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