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Patna High Court

Mahendra Prasad MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered the respondent authorities to decide and pay the petitioner’s differential salary arrears in conformity with the earlier judgments and the 2013 resolution.

Summary

Mahendra Prasad Mishra filed a writ petition seeking a mandamus directing the Bihar education authorities to pay him the differential arrears of salary arising from the 5th, 6th and 7th Pay Revisions, together with dearness allowance and interest. The petitioner relied on a 2013 education department resolution and earlier High Court judgments (Surendra Mishra 1999 and Nityanand Prasad 2025) that had ordered similar payments. The State argued that the matter had already been settled by the resolution and prior orders, and that the Supreme Court had dismissed its appeals against the 2019 order directing payment. The Court examined the earlier judgments and the resolution, and directed the District Programme Officer (Establishment), Darbhanga, to make a final decision in strict conformity with those precedents within eight weeks, after which the petition was disposed. The order effectively upheld the petitioner’s claim to the arrears while placing the implementation burden on the respondent authorities.

Issues considered

  • What entitlement does the petitioner have to differential salary arrears under the 5th, 6th and 7th Pay Revisions?
  • Whether the respondent authorities are bound to pay the arrears in accordance with the 2013 resolution and earlier High Court judgments.

Subjects

  • differential salary
  • pay revision
  • arrears of salary
  • mandamus
  • education department
  • Bihar
  • high court judgment
  • Supreme Court review
  • resolution

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.8497 of 2026
                 ======================================================
                 Mahendra Prasad Mishra son of Late Ram Babu Mishra, resident of Mohalla-
                 Ward No.4, Roy Tola, P.O and Police Station-Pator, District-Darbhanga.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Education Department, Govt. of Bihar.
           3.    The Special Director (Secondary Education), Govt. of Bihar, Patna.
           4.    The District Education Oficer, Darbhanga.
           5.    The District Programme Officer (Establishment), Darbhanga.
           6.    The Bihar Sanskrit Shiksha Board through Secretary, Bihar, Patna.
           7.    The Chairman, Bihar Sanskrit Shiksha Board, Patna.
           8.    The Secretary, Bihar Sanskrit Shiksha Board, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shree Kant Pandey, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (5)
                                               Mrs. Shalini, AC to GP-5
                 For the BSSB           :      Mr. Satyam Shivam Sundaram, Advocate
                                               Ms. Ankita, Advocate
                                               Mr. Aman Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   23-06-2026                   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 a writ in the nature of
                                  mandamus directing and commanding the
                                  respondent authorities to make payment of arrears
                                  by way of differential amount of salary in the
                                  Revised Pay Scale under 5th, 6th and 7th Pay
                                  Revision in the same manner as allowed to
                                  teaching and non-teaching staffs of Government
Patna High Court CWJC No.8497 of 2026(2) dt.23-06-2026
                                            2/4




                          Schools together with Dearness Allowance with
                          Statutory interest admissible and petitioner case
                          fully covered with Division Bench of this Hon'ble
                          Court vide order dated 13.8.2019 passed in
                          L.P.A.No.43 of 2016 reported in 2020 (3) P.L.J.R.
                          Page 848 (ii) against that order, State Government
                          of Bihar filed Appeal before Hon'ble Supreme
                          Court vide Special Leave Petition (Civil) Diary
                          No.3346/2021 and Hon'ble Supreme Court vide
                          order dated 26.2.2021 dismissed the appeal and
                          after that State Government of Bihar, filed Civil
                          Review No.151 of 2021, against L.P.A. order dated
                          13.8.2019 which is also dismissed vide order dated
                          15.5.2023 but authorities not paid the different of
                          arrear of salary and/or pass appropriate order or
                          orders as deem fit and proper and disposed of
                          representation of petitioner which is pending
                          before authorities.

                      3. Learned counsel for the petitioner by referring to

          Annexure-P/3, which is a resolution issued by the Department

          of Education, as contained in Resolution No.970 dated

          31.08.2013 submits that the petitioner is entitled to pay fixation,

          as per 6th pay revision and upon such revision, arrears of

          difference of salary for which the petitioner becomes entitled,

          may also be directed to be paid by the respondents. It has next

          been submitted that similarly situated persons in whose favour

          directions were issued and upon filing of contempt petition and

          during its pendency, the payment of difference of salary after

          making appropriate revision has been paid in light of the

          judgment / order passed by a Co-ordinate Bench of this Court in
Patna High Court CWJC No.8497 of 2026(2) dt.23-06-2026
                                            3/4




          Surendra Mishra and Others v. The State of Bihar and Others

          passed in C.W.J.C. No.8271 of 1999.

                      4. On similar subject, a Co-ordinate Bench of this

          Court has also adjudicated similar issues, which can be referred

          from the order dated 01.11.2025 passed in C.W.J.C. No.1687 of

          2025, (Nityanand Prasad and Others v. The State of Bihar and

          Others)

                      5. On the other hand, learned counsel for the State and

          learned counsel for the Board submits that issues have already

          been given quietus by issuing a resolution and as also, in view

          of the judgments rendered by a Co-ordinate Benches of this

          Court and accordingly, appropriate directions may be issued to

          the District Programme Officer (Establishment), Darbhanga, to

          take a final decision, strictly in consonance with the resolution,

          and the judgments rendered by a Co-ordinate Bench.

                      6. Considering the submission of the parties, this

          Court directs the District Programme Officer (Establishment),

          Darbhanga, to take a final decision strictly in consonance with

          the judgments rendered by Co-ordinate Benches of this Court in

          C.W.J.C. No.8271 of 1999, Surendra Mishra (supra) and

          C.W.J.C. No.1687 of 2025, Nityanand Prasad (supra) and the

          resolution, within a period of eight weeks from the date of
           Patna High Court CWJC No.8497 of 2026(2) dt.23-06-2026
                                                       4/4




                     representation with all supportive materials, which is proposed

                     to be filed by the petitioner within a period of four weeks from

                     today.

                                 7. With the aforesaid observations / directions, the

                     writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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