Patna High Court
Ram Chandra MahtoversusThe State of Bihar through Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court directed the petitioners to file individual representations before the District Education Officer, who must adjudicate the claims in line with the 2019 judgment, and disposed of the writ application.
Summary
The petitioners, retired assistant teachers, filed a writ seeking payment of differential salary arrears under the 5th, 6th and 7th Pay Revisions, along with dearness allowance and interest, asserting that a 2019 Patna High Court judgment (LPA No. 43 of 2016) entitled them to such benefits. The State of Bihar had challenged that judgment before the Supreme Court and in a civil review, but both were dismissed, leaving the earlier decision final. Despite the finality, the respondents had not paid the arrears. The court, after hearing counsel, held that the petitioners must first file individual representations before the District Education Officer, who is then required to adjudicate the claims in accordance with the 2019 judgment within a stipulated time. The writ application was consequently disposed of without an immediate order for payment.
Issues considered
- Whether retired assistant teachers are entitled to differential salary arrears under the 5th, 6th and 7th Pay Revisions as per the 2019 Patna High Court judgment.
- Whether the court can directly direct payment of arrears or must require the petitioners to seek redress through the administrative mechanism.
Subjects
- pay revision
- differential salary
- arrears of salary
- pension revision
- writ jurisdiction
- education department
- Bihar Sanskrit Siksha Board
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4718 of 2026
======================================================
1. Ram Chandra Mahto Son of late Badlu Mahto, Resident of Village - Ward
No. 5 near Sanskrit School, Sanjat, Begusarai.
2. Bhuneshwar Yadav Son of Saukhi Yadav, Resident of Village - Ward No. 11,
Sawlori, Sanjat, Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Special Director (Secondary Education), Govt. of Bihar, Patna.
4. The District Education Officer, Begusarai.
5. The District Programme Officer (Establishment) Begusarai.
6. The Bihar Sanskrit Siksha Board through Secretary, Patna.
7. The Chairman, Bihar Sanksrit Siksha Board, Patna.
8. The Secretary, Bihar Sanskrti Siksha Board, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shree Kant Pandey
For the Respondent/s : Mr. S. Raza Ahmed, AAG-5
Mr. S.S. Sundaram
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioners and learned
counsel for the respondents.
2. The instant writ application has been filed for
directing the respondent authorities (Respondent No. 4) to make
payment of arrears by way of the differential amount of salary in
the revised pay scales under the 5th, 6th, and 7th Pay Revisions, in
the same manner as allowed to teaching and non-teaching staff of
Government schools, together with dearness allowance and
statutory interest, as admissible. The case of the petitioners is fully
covered by the judgment of the Hon’ble Division Bench of this
Court dated 13.08.2019 passed in LPA No. 43 of 2016, reported in
Patna High Court CWJC No.4718 of 2026(2) dt.06-04-2026
2/3
2020 (3) PLJR 848 (jj). Against the said judgment, the State of
Bihar preferred a Special Leave Petition (Civil) Diary No. 3346 of
2021 before the Hon’ble Apex Court, which was dismissed vide
order dated 26.02.2021. Thereafter, the State Government filed
Civil Review No. 151 of 2021 against the order dated 13.08.2019,
which was also dismissed vide order dated 15.05.2023. However,
the authorities have not paid the differential arrears of salary.
3. Learned counsel for the petitioners submits that the
petitioners are retired Assistant Teachers of Primary-cum-Madhya
Vidyalaya, Mahadeo Asthan Sanjat, Begusarai, and are entitled to
the benefits of the 5th, 6th, and 7th Pay Revisions in light of the
issues having been settled by the Hon’ble Division Bench vide
judgment dated 13.08.2019 passed in LPA No. 43 of 2016 and
analogous cases (Baidyanath Jha vs. State of Bihar & Ors.). It is
further submitted that the said judgment was challenged before the
Hon’ble Apex Court by the State Government through Special
Leave Petition (Civil) Diary No. 3346 of 2021, which stood
dismissed, and thus the issues have attained finality. Accordingly,
the petitioners’ claim for grant of revision of pension deserves to
be adjudicated strictly in consonance with the directions issued by
the Hon’ble Division Bench.
4. At this stage, learned counsel for the State as well as
Patna High Court CWJC No.4718 of 2026(2) dt.06-04-2026
3/3
learned counsel for the Sanskrit Shiksha Board submit that since
the issues have already been settled by the Hon’ble Division
Bench in LPA No. 43 of 2016, the petitioners may be directed to
file their individual representations before the concerned
respondent for adjudication of their grievances.
5. Considering the submissions of the parties, this Court
finds it appropriate to direct the petitioners to file their individual
representations before Respondent No. 4, along with all
supporting documents, including a copy of this order, within a
period of four weeks from today. Upon receipt of such
representations, Respondent No. 4 is directed to adjudicate the
claims of the petitioners within a further period of eight weeks,
strictly in light of the judgment dated 13.08.2019 passed in LPA
No. 43 of 2016. Upon such adjudication, the benefits to which the
petitioners are found entitled shall also be extended in their favour
within the same period.
6. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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