Patna High Court
Sunil Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed with liberty to the petitioners to file a representation before the District Programme Officer, referencing the earlier judgment, and no mandamus is issued at this stage.
Summary
The petitioners, a group of teachers employed in Sanskrit and minority Madarsa schools, filed a writ application seeking mandamus directing the State of Bihar and the Bihar Sanskrit Shiksha Board to implement the 5th, Vth and 6th pay scales with all associated benefits as applicable to government and minority schools. They relied on a prior judgment of this Court dated 13‑08‑2019 in LPA No.43 of 2016. The respondents raised no objection to the limited prayer. The Court, with consent of the parties, disposed of the writ by granting the petitioners liberty to file a representation before the District Programme Officer (Establishment), Gaya, invoking the earlier judgment, and fixed time‑frames for disposal of that representation and any subsequent order. No substantive determination on the pay‑scale claim was made. The application was therefore dismissed with liberty to pursue the administrative remedy.
Issues considered
- Whether the State and the Bihar Sanskrit Shiksha Board are liable to implement the 5th, Vth and 6th pay scales for the petitioners under the applicable law.
- Whether a writ of mandamus can be issued directing correction of pay‑scale implementation.
- Whether the appropriate remedy is to direct the petitioners to file a representation before the District Programme Officer.
Subjects
- pay scale
- mandamus
- writ jurisdiction
- Sanskrit schools
- government teachers
- representation
- District Programme Officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5 of 2026
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1. Sunil Kumar Sharma son of Bhagwat Sharma, resident of Village- Harpura,
P.S.-Vikram, District- Patna.
2. Ghanshyam Sharma, son of Ram Avtar Sharma, resident of Village-Bhori,
P.S.-Tekari, District- Gaya Jee.
3. Ramanuj Singh, son of Late Adya Sharma, resident of Village-Bhori, P.S.-
Tekari, District- Gaya Jee.
4. Ram Uday Sharma, son of Rajendra Sharma, resident of Village-Bhori, P.S.-
Tekari, District- Gaya Jee.
5. Upendra Sharma, son of Parmanand Sharma, resident of Village-Shekhpura,
P.S.-Nauwatpur, District- Patna.
6. Ramuday Sharma, son of Nand Kishor Sharma, resident of Village-Mera,
P.S.-Nauwatpur, District- Patna.
7. Madan Mohan Mishra, son of Late Parmanand Mishra, resident of Village-
Uttrain, P.S.-Panchanpur, District- Gaya Jee.
8. Dayanand Pathak, son of Late Ram Sarup Pathak, resident of Village-
Dariyapur Rajaipur, P.S.-Tekari, District- Gaya Jee.
9. Shivdatt Sharma, son of Late Vishnubalav Sharma, resident of Village-
Ekranga, P.S.-Uphara, District-Aurangabad.
10. Sunil Kumar Mishra, son of Late Jugal Kishore Mishra, resident of Village-
Reyasat Pawai, P.S.- Reyasat Pawai, District- Gaya Jee.
11. Sarowar Tiwari, son of Ramdas Tiwari, C/O Late Kamta Sharma, resident of
Village-Uchaila, P.S.- Sakurabad, District- Jehanabad.
12. Vaidehi Sharan Sharma, son of Dindayal Sharma, resident of Village-
Ganhariya, P.S.- Harlakhi, District- Muzaffarpur.
13. Upendra Sharma, son of Jagdish Sharma, resident of Village-Bhori, PS
Tekari, District- Gaya Jee.
14. Kalindi Kumari, wife of Vikash Kumar, resident of Village-Bargaon, P.S.-
Konch, District- Gaya Jee.
15. Sharwan Kumar, son of Sitaram Sharma, resident of Village-Bhori, P.S.-
Tekari, District- Gaya Jee.
16. Durga Devi, wife ofLate Nagendra Nath Mishra, resident of Village-
Dhoraiya, P.S.-Wazirgnaj, District- Gaya Jee.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Human Resources
Development Department Government of Bihar, Vikash Bhawan, Patna.
2. The Special Director, Secondary Education, Incharge Sanskrit, Education
Department, 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.
Patna High Court CWJC No.5 of 2026(3) dt.16-03-2026
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5. The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna.
6. The District Education Officer, Gaya, District- Gaya Jee.
7. The District Programme Officer, Establishment, Gaya, District- Gaya Jee.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Kumar Ishwar, Adv.
For the Respondent/s : Mr. Raghwendra Kumar, SC-22
Mr. Satyam Shivam Sundaram, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 16-03-2026 Heard learned counsel for the petitioners, learned
counsel for Bihar Sanskrit Shiksha Board and learned counsel
for respondents-State.
2. With the consent of all the parties, the present 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, order, direction in the nature of
Mandamus for commanding and
directing the respondents to make
necessary correction/modification for
the implementation of 6th pay scale to
the petitioners with effect from
1.04.2006 and monetary benefit with
all benefits from 01.04.2007 as like
Government Schools and Government
Minority Schools in place of
01.04.2013 for which the petitioners
are entitled under the law.
(ii) For issuance of an appropriate
writ, order, direction in the nature of
Patna High Court CWJC No.5 of 2026(3) dt.16-03-2026
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Mandamus for commanding and
directing the respondents to make
necessary correction/modification for
the implementation of Vth pay scale to
the petitioners with effect from
1.01.1986 and all monetary benefits
from 01.03.1989 as like the
Government Schools or Minority
Government Schools 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 5th pay scale with all
benefits, service allowance and other
service benefits to the petitioners in
the aforesaid school as like the
Government Schools. And minority
Madarsa Schools in the State of Bihar.
And further respondents be directed to
give payment of 6th pay scales with
all benefits to the petitioners as like
Government Schools and minority
Madarsa Schools.
(iv) 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
petitioners Assistant Teacher
Government Schools and Minority
Madarsa School in the State of Bihar.
(v) For issuance of an appropriate
writ, order, direction in the nature of
Mandamus for commanding and
directing the respondents to give the
Patna High Court CWJC No.5 of 2026(3) dt.16-03-2026
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benefits of the respondents State
Government decision memo no.237
dated 20.02.1990 of the aforesaid
school to the petitioners as like
Government School. And minority
Madarsa Schools for which the
petitioners are fully entitled under the
law.
(vi) For issuance of any other
reliefs which petitioners may be found
in the eyes of law.”
4. While advancing some argument, learned counsel
appearing for the petitioners submits that this case is fully
covered by the judgment and order dated 13.08.2019 passed by
the Division Bench of this Court in LPA No.43 of 2016 and
other analogous cases, which has been brought on record by
way of Annexure-P/8.
5. Learned counsel for the petitioners, therefore,
submits that he is prepared to file a representation before the
District Programme Officer (Establishment), Gaya for the grant
of aforesaid relief in terms of the judgment and order dated
13.08.2019 passed in LPA No.43 of 2016 and other analogous
cases and further prays that an appropriate direction be issued to
the District Programme Officer (Establishment), Gaya to
dispose of the representation filed by the petitioners within a
fixed time frame, after giving an opportunity of hearing to the
petitioners.
Patna High Court CWJC No.5 of 2026(3) dt.16-03-2026
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6. To the aforesaid prayer being made by learned
counsel for the petitioners, learned counsel appearing for Bihar
Sanskrit Shiksha Board and learned counsel for respondents-
State do 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
representation before the District Programme Officer
(Establishment), Gaya relying upon the judgment and order
dated 13.08.2019 passed in LPA No.43 of 2016 and other
analogous cases, within one month from the date of passing of
this order. If such a representation is filed by the petitioners, the
same shall be disposed within a further period of three months
from the date of filing of the representation, after giving an
opportunity of hearing to the petitioners. Needless to emphasize
that the final order which shall be passed by the District
Programme Officer (Establishment), Gaya should be a reasoned
and speaking order. It is further made clear that in case the
petitioners are found entitled to the relief, which they would be
claiming through the representation, then the same should be
extended to the petitioners within a further period of three
months from the date of passing of the final order.
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8. With the aforesaid observation and direction and
liberty as granted, the present writ application stands disposed
of. Pending I.As, if any will be deemed to have been disposed
of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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