Patna High Court
Nagendra Upadhyay vs The State Of Bihar on 23 April, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11513 of 2024
======================================================
Nagendra Upadhyay Son of Late Chandradev Upadhyay, resident of Village
and P.O.-Rampur Kala, Police Station-Khaira, District-Saran (Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secretary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The Headmaster, Sharda Sanskrit Primary cum Secondary School Afour,
District-Saran.
11. The Accountant General Bihar Beerchand Patel Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11954 of 2024
======================================================
Gautam Pathak son of Late Sawaliya Pathak, resident of Village- Dhupnagar
Dhobwal, Police Station-Khaira, District-Saran (Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secretary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
Patna High Court CWJC No.11513 of 2024 dt.23-04-2025
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10. The Headmaster, Sharda Sanskrit Primary cum Secondary School Afour,
District-Saran.
11. The Accountant General Bihar, Beerchand Patel Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11996 of 2024
======================================================
Lalchand Prasad son of late Manharan Prasad, resident of Village- Tarwan
Parsa, Police Station- M. H. Nagar, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secretary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The Headmaster, Gurukul Sanskrit High School Mehiyan, District- Saran.
11. The Accountant General, Bihar Beerchand Patel Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12025 of 2024
======================================================
Ambika Pandit son of Late Nemilal Pandit, resident of Village and P.O.-
Hariharpur, Police Station-Baniyapur, District-Saran (Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secretary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board Patna.
Patna High Court CWJC No.11513 of 2024 dt.23-04-2025
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7. The Secretary, Bihar Sanskrit Shiksha Board Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The Headmaster, Gurukul Sanskrit High School Mehiyan, District-Saran.
11. The Accountant General Bihar Beerchand Patel Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12027 of 2024
======================================================
Deo Kumar Sharma son of Late Vishwakarma Sharma, resident of Village-
Deorhi, Police Station-Taraiya, District-Saran (Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secretary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The Headmaster, Union Board Sanskrit Primary School Mashrakh, Block-
Mashrakh, District-Saran.
11. The Accountant General Bihar Beerchand Patel Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12029 of 2024
======================================================
Ranjit Singh son of late Rajendra Singh, resident of Village-Rasulpur, P.O.
Nagra, Police Station-Nagra, District-Saran (Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Patna High Court CWJC No.11513 of 2024 dt.23-04-2025
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Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secretary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The Headmaster, Sharda Sanskrit Primary cum Secondary School Afour,
District-Saran.
11. The Accountant General Bihar Beerchand Patel Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12064 of 2024
======================================================
Nand Kishor Prasad son of late Chandrika Prasad, resident of Village-
Ambika Bhawani Colony, Chapra, Police Station- Bhagwan Bazar, District-
Saran (Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secretary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The Headmaster, Gurukul Sanskrit High School Mehiyan, District- Saran.
11. The Accountant General, Bihar Beerchand Patel Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12486 of 2024
======================================================
Harendra Singh Son of Late Ram Pukar Singh Resident of Village- Mansar P.
O. Kumna Police Station- Kopa District-Saran (Chapra).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna High Court CWJC No.11513 of 2024 dt.23-04-2025
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Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secreary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The Headmaster, Gurukul Sanskrit High School Mehiyan, District-Saran.
11. The Accountant General, Bihar Berchand Patel Marg, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13206 of 2024
======================================================
Umesh Chandra Shastri Son of Late Basudeo Shastri @ Vahudeo Shastri,
resident of village - Panjiyar Toli Ward No. - 11, Police Station - Rosera,
District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
4. The Special Secretary (Secondary Education), Education Department,
Government of Bihar, Patna.
5. The Bihar Sanskrit Shiksha Board through its Secretary, Patna.
6. The Chairman, Bihar Sanskrit Shiksha Board, Patna.
7. The Secretary, Bihar Sanskrit Shiksha Board, Patna.
8. The District Education Officer, Saran at Chapra.
9. The District Programme Officer (Establishment), Saran at Chapra.
10. The Headmaster, Gurukul Sanskrit High School Mehiyan, District- Saran.
11. The Accountant General, Bihar Beerchand Patel Marg, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11513 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Akhileshwar Singh, AC to GA- 2
For the AG, Bihar : Mr. Arun Kumar Arun, Advocate
For the Board : Mr. S.S. Sundram, Advocate
Patna High Court CWJC No.11513 of 2024 dt.23-04-2025
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Mr. Ankit, Advocate
(In Civil Writ Jurisdiction Case No. 11954 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Advocate General
For the Board : Mr. S.S. Sundram, Advocate
Mr. Ankit, Advocate
(In Civil Writ Jurisdiction Case No. 11996 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Standing Counsel 28
For the Board : Mr. S.S. Sundram, Advocate
Mr. Ankit, Advocate
(In Civil Writ Jurisdiction Case No. 12025 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Advocate General
For the Board : Mr. S.S. Sundram, Advocate
Mr. Ankit, Advocate
(In Civil Writ Jurisdiction Case No. 12027 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Addl. Advocate General 13
For the Board : Mr. Chandra Shekhar Kr. Singh, Advocate
(In Civil Writ Jurisdiction Case No. 12029 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Addl. Advocate General 12
For the Board : Mr. Chandra Shekhar Kr. Singh, Advocate
(In Civil Writ Jurisdiction Case No. 12064 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Addl. Advocate General 4
For the Board : Mr. Chandra Shekhar Kr. Singh, Advocate
(In Civil Writ Jurisdiction Case No. 12486 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Addl. Advocate General (12)
For the Board : Mr. Faiz Ahmad, Advocate
(In Civil Writ Jurisdiction Case No. 13206 of 2024)
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Standing Counsel 15
For the Board : Mr. Faiz Ahmad, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 23-04-2025
Heard the parties.
2. Considering the identical nature of the grievance
raised in all the writ petitions, with the consent of the parties, all
the writ petitions are being heard together and disposed of by
the common order.
3. All the petitioners are retired teachers of Non-
Patna High Court CWJC No.11513 of 2024 dt.23-04-2025
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Government Recognized (Aided) Sanskrit Schools, and/or their
heirs, who have approached this Court seeking a direction upon
the concerned respondents to ensure payment of arrears of 5th
and 6th Pay Revision as well as arrears of deducted provident
fund from their salary with interest.
3. Mr. Bashishtha Narayan Mishra, learned
Advocate for the petitioners, at the outset, has taken this Court
through the resolution no. 237 dated 20.02.1990, issued by the
Human Resources Department, Government of Bihar, Patna and
submitted that the issue raised in all the writ petitions has finally
come up for consideration before the learned Division Bench of
this Court in the case of Baidyanath Jha Vs. The State of
Bihar & Ors., reported in 2020 (3) PLJR 848 wherein the
learned Division Bench having deliberated at length has finally
directed the Education Department, including the Principal
Secretary, to accord the benefits of revision of pay-scales under
the 5th and 6th Pay Revisions to the teachers and non-teaching
staff of the Non-Government Recognized (Aided) Sanskrit
Schools and Madarsa in the same manner as allowed to the
teaching and non-teaching staff in the Government Schools
together with dearness allowance admissible thereon.
4. It is further submitted that in order to ensure
Patna High Court CWJC No.11513 of 2024 dt.23-04-2025
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compliance of the order of this Court, after obtaining cabinet
approval, a resolution dated 01.08.2023 was issued, granting
benefits of 5th and 6th pay revision, the Special Director,
Secondary Education, Education Department, Bihar directed all
the District Education Officers, Bihar / District Programme
Officer (Establishment) of the State of Bihar to complete
necessary formalities besides the estimated difference of salary
after pay fixation as per schedule indicated vide Memo No.
1257 dated 08.08.2023 so that Resolution No.1204 dated
01.08.2023
be effected.
5. Mr. S. S. Sundram, learned Advocate for the
Bihar Sanskrit Shiksha Board has fairly submitted that there is
no confrontation with regard to the issue set at rest by the
learned Division Bench of this Court, however, in any
circumstance, the claim of the petitioners is required to be
looked into by the concerned District Education Officer and in
case the grievance of the petitioners is found admissible in the
light of the decision of the learned Division Bench, necessary
payment shall be made.
6. Considering the limited grievance of the
petitioners and the decision of the learned Division Bench of
this Court in the case of Baidyanath Jha (supra), this Court
Patna High Court CWJC No.11513 of 2024 dt.23-04-2025
deems it appropriate to dispose of all the writ petitions with
liberty to the petitioners to approach before the concerned
District Education Officer preferably within a period of two
weeks from today.
7. In case, such representation is filed by the
petitioners along with the order of this Court, the concerned
District Education Officer shall be obliged to look into the
grievance of the petitioner(s) and ensure payment of arrears of
5th and 6th Pay Revision as well as arrears of deducted provident
fund amount preferably within a further period of ten weeks.
8. It has been impressed to this Court that various
identically situated persons as well as some of the petitioners
have been extended complete and partial benefits at the pick and
choose basis, hence it is expected that the authorities shall
maintain uniformity in making payment of the same.
9. With the aforesaid directions, all the writ
petitions stand disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.04.2025
Transmission Date NA
