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Patna High Court

Anita KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, given the limited nature of the prayer and the parties' consent, the writ application should be disposed by granting the petitioner liberty to file a fresh representation before the Director of Primary Education, with a prescribed timeline for decision, rather than issuing a mandamus.

Summary

Anita Kumari, a government teacher, filed a writ petition seeking a mandamus directing the State of Bihar to grant her the Matric Trained Grade and pay salary arrears dating back to 2015, relying on a prior judgment (Kishor Kumar v. State of Bihar, CWJC No. 16165/2019) and the Bihar Litigation Policy, 2011. She argued that similarly situated teachers had already received the grade and arrears, and that the authorities had failed to act on her representation dated 16‑02‑2026. The State did not oppose the petition. The Court, with the parties' consent, declined to issue a mandamus and instead granted the petitioner liberty to file a fresh representation before the Director of Primary Education within one month, directing that the representation be decided within three months after hearing. The Court emphasized that any final order must be reasoned and, if favorable, the relief should be implemented within an additional three months. The writ application was therefore disposed of subject to these directions.

Issues considered

  • Whether the petitioner is entitled to the Matric Trained Grade and salary arrears from 2015 based on the earlier judgment and Bihar Litigation Policy.
  • Whether a writ of mandamus can be issued directing the education authorities to grant the grade and arrears.
  • Whether the petitioner should be directed to file a fresh representation and the time‑frame for its disposal.

Subjects

  • writ jurisdiction
  • mandamus
  • teacher grade
  • salary arrears
  • Bihar Litigation Policy
  • representation
  • education department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5395 of 2026
                 ======================================================
                 Anita Kumari Wife of Shri Rajiv Kumar, Resident of Village- Chaknoor, Post
                 Office- Gadaisaray, Hajipur, Police Station- Hajipur Sadar, District- Vaishali.
                 At present posted and working as an Exclusive Teacher (Vashishtha Shikshak)
                 in Govt. Upgraded Middle School Purushottampur No.1, Anchal- Raghopur,
                 District- Vaishali.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary-cum-the Principal Secretary, Education
                 Department, Government of Bihar, Patna.
           3.    The Additional Chief Secretary cum-the Principal Secretary, Finance
                 Department, Bihar, Patna.
           4.    The Director, Primary Education, Govt. of Bihar, Patna.
           5.    The District Education Officer, Vaishali.
           6.    The District Programme Officer (Establishment), Vaishali.
           7.    The Block Development Officer, Anchal- Raghopur, District- Vaishali.
           8.    The Block Education Officer, Anchal- Raghopur, District- Vaishali.
           9.    The District Accounts Officer, Vaishali.
           10. The District Treasury Officer, Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr.Umesh Kumar Mishra, Adv.
                 For the Respondent/State:      Mr.Additional Advocate General (3)
                                                Mr.Suman Kumar Jha, AC to AAG-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   21-04-2026                   Heard learned counsel for the petitioner and learned

                   counsel appearing 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 petitioner has

                   prayed for the grant of following reliefs:
Patna High Court CWJC No.5395 of 2026(2) dt.21-04-2026
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                                     “I. For issuance of an appropriate writ
                          in the nature of mandamus for commanding and
                          directing the respondent authorities concerned to
                          provide Matric Trained Grade to the petitioner
                          from the date of completion of session i.e. since
                          2015 as also the payment of differences of arrears
                          of salary since 2015 to the month of October, 2025,
                          as the petitioner had appeared for D.El.Ed. (Open
                          Distance Learning) through Bihar School
                          Examination Board, Bihar, Patna for the session
                          2013-15 but due to lapses on the part of the
                          concerned authorities, the training was completed
                          on 21.05.2017 and the examination was conducted
                          by the Bihar School Examination Board, Bihar,
                          Patna in the year 2018 and final statement of
                          marks has been issued on 31.03.2019 and the
                          petitioner has been provided the Matric Trained
                          Grade notionally since 21.05.2017 i.e. since the
                          date of relieving from the teachers training
                          institution in compliance of the order passed by the
                          Hon'ble Patna High Court in CWJC No.
                          16165/2019 (Kishor Kumar and Others vs. the
                          State of Bihar and Others) and the monetary
                          benefits since 31.03.2019 since the date of
                          publication of result of teachers training.
                                     II. For issuance of an appropriate writ in
                          the nature of mandamus for commanding and
                          directing the respondent authorities concerned to
                          sympathetically consider the case of the petitioner,
                          as similarly situated teachers in the district of
                          Vaishali whose teacher's training session is 2013-
                          15, they have been given the Matric Trained Grade
                          notionally since 2015 and on that basis, the
                          petitioner fixation has also been done since the
                          month of November, 2025 at Rs. 30750/-, for
                          which, she is entitled but till date, the differences of
                          arrears of salary for the period since 2015 till
                          October, 2025 has not been ensured even though
                          under Bihar Litigation Policy, 2011, Rule 4 (C)(1),
Patna High Court CWJC No.5395 of 2026(2) dt.21-04-2026
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                          she is also entitled for same and similar relief.
                                      III. For issuance of an appropriate writ
                          in the nature of mandamus for commanding and
                          directing the respondent authorities concerned to
                          dispose of the representation of the petitioner dated
                          16.02.2026 by ventilating her genuine grievances
                          for providing Matric Trained Grade to the
                          petitioner from the date of completion of session
                          i.e. since 2015 as also the payment of differences of
                          arrears of salary since 2015 to the month of
                          October, 2025.
                                      IV. For issuance of any other appropriate
                          writ/writs, order/orders, direction/directions for
                          which the petitioner will be found entitled in the
                          facts and circumstances of the case.”

                      4. Learned counsel for the petitioner submits that the

          relief being sought for by the petitioner is squarely covered by a

          judgment of this Court delivered in CWJC No. 16165 of 2019

          (Kishor Kumar and Others vs. the State of Bihar & Others). He

          further submits that the said judgment delivered by this Court is

          a judgment in rem and therefore as per the Bihar Litigation

          Policy, the relief should also have been granted to the petitioner

          but till date, it has not been given to the petitioner, thereby

          compelling the petitioner to approach this Court. Learned

          counsel for the petitioner further submits that for seeking the

          aforesaid reliefs, the petitioner is prepared to file a fresh

          representation before the respondent no. 4 (The Director,

          Primary Education, Govt. of Bihar, Patna) and prays that an
Patna High Court CWJC No.5395 of 2026(2) dt.21-04-2026
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          appropriate direction be issued to the respondent no. 4 to decide

          the representation of the petitioner within a fixed time frame,

          after giving an opportunity of hearing to the petitioner, in light

          of the judgment of this Court delivered in CWJC No. 16165 of

          2019 read with the Bihar Litigation Policy.

                      5. To the aforesaid submission being made by learned

          counsel for the petitioner, learned counsel appearing for the

          respondent-State does not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of granting liberty to the petitioner to file a fresh

          representation before the respondent no. 4 (The Director,

          Primary Education, Govt. of Bihar, Patna) within one month

          from today and if such a representation is filed by the petitioner,

          the same shall be disposed of within a period of three months

          from the date of receipt of the representation, after giving an

          opportunity of hearing to the petitioner.

                      7. Needless to emphasize that the final order which

          shall be passed by the respondent no. 4 (The Director, Primary

          Education, Govt. of Bihar, Patna) should be a reasoned and

          speaking order. In case, the petitioner is found entitled to the

          relief which the petitioner would be claiming through the
           Patna High Court CWJC No.5395 of 2026(2) dt.21-04-2026
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                     representation, the same should be extended to the petitioner

                     within a further period of three months from the date of passing

                     of the final order.

                                 8. 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)
kundan/-

U


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