Patna High Court
Saroj Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RITESH KUMAR
Holding
The petition is disposed in accordance with the Full Bench judgment, and no fresh relief is granted.
Summary
A group of clerks employed in various schools in Darbhanga district filed a writ petition seeking payment of current and arrear salaries in a revised pay scale of Rs. 4000‑6000, replacing the earlier scale of Rs. 3050‑4050, from the date of their joining. They relied on an earlier High Court order (C.W.J.C. No. 17151 of 2018 and L.P.A. No. 167 of 2016) that had directed such revision. The respondents contended that the matter was already decided by a Full Bench judgment dated 27‑08‑2025 in C.W.J.C. No. 23831 of 2018 (Ravi Shankar Kumar v. State of Bihar), rendering the issue not res integra. The Court noted that the Full Bench judgment contained definitive observations and directions on the salary revision issue. Accordingly, the Court disposed of the present writ petition by applying the observations in paragraphs 55 and 83 of the Full Bench judgment, without entertaining a fresh claim. The petition was therefore dismissed.
Issues considered
- Whether the petitioners are entitled to salary and arrears in the revised scale of Rs. 4000‑6000 from the date of joining.
- Whether the Full Bench judgment in C.W.J.C. No. 23831 of 2018 precludes fresh consideration of the petition (i.e., issue not res integra).
- Whether the writ petition should be dismissed in accordance with the Full Bench directions.
Subjects
- salary revision
- arrears of pay
- civil writ jurisdiction
- government employees
- full bench precedent
- res integra
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.942 of 2021
======================================================
1. Saroj Kumar Jha Son of Late Ram Punit Jha Working as Clerk in Plus 2
M.L. Academy, Laheriasarai, P.S.- Laheriasarai, District- Darbhanga.
2. Mangnu Jha Son of Late Shashikant Jha Working as clerk in Rajkiyakrit
High School, Pindaruch, P.S.- Keoti, District- Darbhanga.
3. Prafful Kumar Thakur Son of Late Avadh Narayan Thakur Working as clerk
in Plus 2 Raj High School, Darbhanga, P.S.- L.N.M.U. Camp, District-
Darbhanga.
4. Jitendra Kumar Mishra Son of Late Ghuran Mishra Working as clerk in
Rajkiyakrit Sina Lal High School, Nadiyami, P.S.- Tardih, District-
Darbhanga.
5. Prafful Kumar Jha Son of Late Badrinath Jha Working as Clerk in Plus2
Mukundi Chaudhary High School, Kadirabad, P.S.- L.N.M.U. Camp,
District- Darbhanga.
6. Digvijay Prasad Son of Late Ram Praha Lad Chaudhary Working as Clerk in
Plus2 Mukundi Chaudhary High School, Kadirabad, P.S.- L.N.M.U. Camp,
District- Darbhanga.
7. Mithilesh Chaudhary Son of Late Mahendra Chaudhary Working as Clerk in
Rajkiyakrit High School, Kumar Ranjit, At Kumar Ranjit, P.S.- Baheri,
District- Darbhanga.
8. Amar Kumar Ram Son of Late Jivach Mochi Working as Clerk in Plus2
L.M. High School, Anandpur, P.S.- Ashok Paper Mill, District- Darbhanga.
9. Bhartendu Kumar Son of Late Ram Bahadur Rai Working as Clerk in Plus2
Nathu Singh High School, Bharwari, P.S.- Hayaghat, District- Darbhanga.
10. Manoj Kumar Mahto Son of Late Lala Mahto Working as Clerk in J.N.J.V.
High School, Navada, P.S.- Bahera, District- Darbhanga.
11. Ranjan Kumar Ray Son of Late Ram Lakhan Ray Working as Clerk in Plus2
Rajkiyakrit Gandhi Koshi High School, Rasyari, P.S.- Ghanshyampur,
District- Darbhanga.
12. Avadhesh Kumar Gupta Son of Late Saryug Sahu Working as Clerk in
Rajkiyakrit High School, Nehra, P.S.- Manigachhi, District- Darbhanga.
13. Jay Shankar Jha Son of Late Badri Narayan Jha Working as Clerk in C.K.N
High School, Singhwara, P.S.- Singhwara, District- Darbhanga.
14. Ghanshyam Jha Son of Late Jay Narayan Jha Working as Clerk in Onkar
High School, Supaul Bazar, P.S.- Biraul, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Director (Secondary Education) Govt. of
Bihar, Patna.
2. The Director Secondary Education, Govt. of Bihar, Patna.
3. The Regional Deputy Director of Education Darbhanga Division,
Darbhanga.
Patna High Court CWJC No.942 of 2021(6) dt.09-04-2026
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4. The District Education Officer Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amaresh Kumar Singh, Advocate
: Mr. Onkar Kumar, Advocate
For the Respondent/s : Mr. Madhaw Pd. Yadav, GP-23
: Mr. Arvind Kumar, AC to GP-23
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
6 09-04-2026 Heard the parties.
2. With the consent of the parties, the writ petition is
being heard at this stage.
3. The present writ petition has been filed for
commanding the respondents authorities for payment of current
and arrear of salary in revised scale i.e. Rs.4000-6000/- in place
of Rs. 3050-4050/- to the petitioners from the date of joining in
the light of order passed by the Hon’ble High Court in C.W.J.C.
No. 17151 of 2018 and L.P.A. No. 167 of 2016 dated
23.06.2017 and also for consequential benefits.
4. The learned counsel for the parties submits that the
issue in question is no more res integra in view of the judgment
of the Hon’ble Full Bench of this Court vide judgment dated
27.08.2025 passed in C.W.J.C. No. 23831 of 2018 (Ravi
Shankar Kumar versus the State of Bihar) and its analogues
cases.
5. Accordingly, the present writ petition is disposed of
Patna High Court CWJC No.942 of 2021(6) dt.09-04-2026
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in terms of the observations/directions made in paragraph nos.
55 and 83 of the Hon’ble Full Bench Judgment in the case of
Ravi Shankar Kumar (supra).
(Ritesh Kumar, J)
AjayMishra/-
U
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