Patna High Court
Mahendra Prasad MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
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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
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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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