Patna High Court
Anita KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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/-
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