Patna High Court
Ramlakhan Prasad YadavversusThe State of Bihar through the Additional Chief Secretary,
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The petitioners are not entitled to the relief; the writ petition is dismissed.
Summary
The petitioners, clerks in the District Education Officer offices of Siwan, sought a revised pay scale of Rs. 4000-100-6000 and related benefits, invoking a prior High Court order (28.11.2023) and subsequent policy directives. They argued that analogous cases and pending Supreme Court matters might entitle them to the relief. The Court noted that a Full Bench judgment in CWJC No. 23831 of 2018 had fixed a cut‑off date of 20‑12‑2000, thereby excluding the petitioners from the benefit. Consequently, the Court refrained from granting any order and dismissed the writ petition, while permitting the petitioners to revive the case if the Supreme Court later decides on the issue. The dismissal was based on the binding precedent and the absence of a current legal basis for the relief.
Issues considered
- Whether the petitioners are entitled to the revised pay scale and consequential benefits under the earlier High Court order and policy directives.
- Whether the Full Bench decision in CWJC No. 23831 of 2018, with its cut‑off date, bars the petitioners from obtaining the relief.
Subjects
- pay scale
- writ petition
- education department
- state government
- cut‑off date
- full bench precedent
- revival of petition
- Supreme Court pending
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7104 of 2025
======================================================
1. Ramlakhan Prasad Yadav so of Late Raghunath Rai, Resident of village-
Methwalia, P.O. Chanchaura, P.S. Chapra Muffasil, District - Saran at
Chapra-841414
2. Om Prakash Narayan, son of Late Vishundev Prasad, Resident o f village-
Dhobawalia, P.O.- Udant Rai ke Bangra, P.S. Manjhagarh, District-
Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Government of Bihar, Patna.
2. The Director, Directorate of Secondary Education, Department of Education,
Government of Bihar, Patna.
3. The Regional Deputy Director of Education, Saran Division, Chapra.
4. The District Education Officer, Saran at Chapra.
5. The District Education Officer, Gopalganj.
6. The District Education Officer, Siwan.
7. The District Programme Officer (Establishment), Saran at Chapra.
8. The District Programme Officer (Establishment), Gopalganj.
9. The District Programme Officer (Establishment), Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the State : Mr. Ajay Behari Sinha (GA-8)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for issuance
of appropriate writ(s), order(s), direction(s) to the respondents
for the following relief/s:-
“I. For issuance of an appropriate writ(s),
order(s), direction(s) to the respondents for
fix/grant of pay scale of Rs. 4000-100-6000/-
Patna High Court CWJC No.7104 of 2025(2) dt.09-04-2026
2/3
to the petitioners w.e.f. their date of
appointment and its consequential benefits,
who are working as a Clerk in the office of
District Education Officer, Siwan, Department
of Education in view of Hon'ble Court order
dated 28.11.2023 passed in a case of CWJC
No. 24678 of 2019 (Kumar Shivaji & others
Vs. The State of Bihar and others) with
analogous cases and also in view of Division
Bench verdicts of this Hon'ble Court passed in
L.P.A. No. 167 of 2016 (Avinash Kumar
Chakerworty Vrs. The State of Bihar and
others) as well as the Memo No. 191 / Chapra
dated 21.02.2025 issued by the Regional
Deputy Director, Education, Saran Division,
Chapra. And also in preview of Clause 4.C (1)
of the Bihar State Litigation Policy, 2011.
II. And for any other relief/reliefs for which
the petitioners are found to be entitled in the
facts and circumstances of the case, in the
light of safeguard provided by the Constitution
of India.”
3. Learned counsel for the petitioners fairly submits
that the issue involved in the present writ petition has already
been decided by the Hon’ble Full Bench of this Court vide order
dated 27.08.2025 in C.W.J.C. No. 23831 of 2018 (Ravi
Shankar Kumar Vs. The State of Bihar, through the Chief
Patna High Court CWJC No.7104 of 2025(2) dt.09-04-2026
3/3
Secretary & Ors) with other analogous cases, in which a cut off
date was fixed as 20.12.2000. He submits that, although
according to the decision of the Hon’ble Full Bench the
petitioners are not presently entitled to the relief, but similar
matters are pending before the Hon’ble Supreme Court, and
there is every likelyhood that, upon decision of those cases, the
petitioners may become entitled to the said relief.
4. This Court hereby restrain itself from passing any
order, so that this case be kept pending and decide this case in
the light of the decision of Hon’ble Full Bench in C.W.J.C. No.
23831 of 2018 that petitioners are not entitled for any relief,
which they are demanded.
5. This writ petition stands dismissed with liberty to
the petitioners that if, the same issue decided by the Hon’ble
Supreme Court, then the petitioners by way of filing an
application shall revive this writ petition.
(Dr. Anshuman, J)
Divyansh/-
U
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