Patna High Court
Kiran DeviversusThat State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The writ petition is disposed, directing the petitioner to file a fresh representation before the District Education Officer for adjudication of her claim.
Summary
Kiran Devi, the widow of the late Madho Jee Singh who was employed as a teacher under the Singheshwari Sanskrit Uchh Vidyalaya, filed a writ petition seeking payment of the difference between the 6th and 7th pay‑scale amounts amounting to Rs 5,34,170 with interest. She relied on a letter dated 18‑02‑2026 and on two earlier High Court judgments – Imran Alam v. State of Bihar (C.W.J.C. No. 985 of 2015) and Anirudh Kumar Mishra v. State of Bihar (C.W.J.C. No. 16136 of 2023) – which had granted similar reliefs. The State and the Bihar Sanskrit Shiksha Board did not contest the claim but argued that the matter should be pursued through a fresh representation before the District Education Officer, as the issues had already been decided. The Court agreed, directing the petitioner to file a fresh representation within two weeks, after which the authorities must decide within four weeks. Consequently, the writ petition was disposed of without granting the monetary relief.
Issues considered
- Whether the petitioner is entitled to the difference amount of the 6th and 7th pay‑scale as claimed.
- Whether the writ petition is maintainable or the grievance must be pursued through a fresh administrative representation before the District Education Officer.
Subjects
- writ petition
- pay scale
- government employee
- representation
- Bihar Sanskrit Shiksha Board
- Civil writ jurisdiction
- administrative remedy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5947 of 2026
======================================================
Kiran Devi wife of Late Madho Jee Singh, Resident of village- Ramobariya,
P.O.-Majharia, P.S. Industrial Area Buxar, District- Buxar, Pin Code-802116.
... ... Petitioner/s
Versus
1. That State of Bihar through the Chief Secretary, Government of Bihar, Main
Secretariat, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, New Secretariat, Patna.
3. That Joint Secretary, Department of Education, Government of Bihar, New
Secretariat, Patna.
4. The Special Director, Department of Education, Government of Bihar, New
Secretariat, Patna.
5. The District Education Officer, Bhojpur at Ara.
6. The District Programme Officer (Establishment), Bhojpur at Ara.
7. The Block Education Officer, Piro, Bhojpur.
8. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
9. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
10. The Head Master, Singheshwari Sanskrit Uchh Vidyalaya, Panchrukhiya,
P.S.- Piro, District- Bhojpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Respondent/s : Mr. Addl. Advocate General (05)
For the BSSB : Mr. Satyam Shivam Sundaram, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
“For issuance of appropriate writ(s),
order(s), direction (s) for payment of total
difference amount of 6th and 7th pay scale which is
Patna High Court CWJC No.5947 of 2026(2) dt.23-04-2026
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as Rs. 5,34,170.00 (Five Lacs Thirty Four
Thousand One Hundred and Seventy Rupees) with
interest to the petitioner on behalf of her
deceased's husband namely Late Madho Jee Singh
who was under service of Respondent No. 10 in
view of Letter dated 69/2026 dated 18.02.2026
issued by the respondent no. 10 and also in view of
Hon'ble Court verdicts dated 27.03.2019 passed in
CWJC No. 985 of 2015 (Imran Alam and Another
Vs. The State of Bihar and Others) as well as in
view of the said verdicts Hon'ble Court has also
pleased to grant reliefs which is similar to the
petitioner's claim passed in CWJC No. 16136 of
2023 dated 22.03.2024 (Anirudh Kumar Mishra
and others Vs. The State of Bihar and others) and
also for issuance of such other writ (s), order(s),
direction(s) as your lordships may deem fit and
proper in the interest of the innocent petitioners.”
3. Learned counsel for the petitioner submits that the
case of this petitioner, for the reliefs as aforesaid, is squarely
covered with the decision rendered by a Co-ordinate Bench of
this Court in the case of Imran Alam and Another v. The State
of Bihar and Others (C.W.J.C. No.985 of 2015) and as also in
the case of Anirudh Kumar Mishra and Others v. The State of
Bihar and Others (C.W.J.C. No.16136 of 2023),
4. At this stage, learned counsel appearing for the
Sanskrit Shiksha Board and the State does not dispute the
submissions made by the petitioners and submit that since the
issues have already been settled by the Hon'ble Court in the case
of Imran Alam (supra) and in Anirudh Kumar Mishra (supra),
Patna High Court CWJC No.5947 of 2026(2) dt.23-04-2026
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the petitioners may be directed to file fresh representation
before the concerned respondent for adjudication of her
grievances.
5. Considering the aforesaid, the petitioner is directed
to file a fresh representation before the District Education
Officer, Bhojpur at Ara, within two weeks appending all the
judgments, which according to the petitioner covers her case
and on submission of such representation appending all
supporting materials as well as the judgments, the authorities
will be obliged to take a final decision in this regard within a
period of four weeks and if it is found that the benefits for
which the petitioner is entitled to, the same shall be considered
within the same time.
6. Accordingly, the present writ petition stands
disposed of.
(Ajit Kumar, J)
sharun/-
U
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