Ram Chandra Mahto v. The State Of Bihar Through Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4718 of 2026 ====================================================== 1.

Ram Chandra Mahto Son of late Badlu Mahto, Resident of Village - Ward No. 5 near Sanskrit School, Sanjat, Begusarai. 2.

Bhuneshwar Yadav Son of Saukhi Yadav, Resident of Village - Ward No. 11, Sawlori, Sanjat, Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Special Director (Secondary Education), Govt. of Bihar, Patna. 4.

The District Education Officer, Begusarai.

5.

The District Programme Officer (Establishment) Begusarai. 6.

The Bihar Sanskrit Siksha Board through Secretary, Patna. 7.

The Chairman, Bihar Sanksrit Siksha Board, Patna. 8.

The Secretary, Bihar Sanskrti Siksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Kant Pandey For the Respondent/s :

Mr. S. Raza Ahmed, AAG-5 Mr. S.S. Sundaram ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-04-2026 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The instant writ application has been filed for directing the respondent authorities (Respondent No. 4) to make payment of arrears by way of the differential amount of salary in the revised pay scales under the 5th, 6th, and 7th Pay Revisions, in the same manner as allowed to teaching and non-teaching staff of Government schools, together with dearness allowance and statutory interest, as admissible. The case of the petitioners is fully covered by the judgment of the Hon'ble Division Bench of this Court dated 13.08.2019 passed in LPA No. 43 of 2016, reported in

Patna High Court CWJC No.4718 of 2026(2) dt.06-04-2026 2/3 2020 (3) PLJR 848 (jj). Against the said judgment, the State of Bihar preferred a Special Leave Petition (Civil) Diary No. 3346 of 2021 before the Hon'ble Apex Court, which was dismissed vide order dated 26.02.2021. Thereafter, the State Government filed Civil Review No. 151 of 2021 against the order dated 13.08.2019, which was also dismissed vide order dated 15.05.2023. However, the authorities have not paid the differential arrears of salary.

3. Learned counsel for the petitioners submits that the petitioners are retired Assistant Teachers of Primary-cum-Madhya Vidyalaya, Mahadeo Asthan Sanjat, Begusarai, and are entitled to the benefits of the 5th, 6th, and 7th Pay Revisions in light of the issues having been settled by the Hon'ble Division Bench vide judgment dated 13.08.2019 passed in LPA No. 43 of 2016 and analogous cases (Baidyanath Jha vs. State of Bihar & Ors.). It is further submitted that the said judgment was challenged before the Hon'ble Apex Court by the State Government through Special Leave Petition (Civil) Diary No. 3346 of 2021, which stood dismissed, and thus the issues have attained finality. Accordingly, the petitioners' claim for grant of revision of pension deserves to be adjudicated strictly in consonance with the directions issued by the Hon'ble Division Bench.

4. At this stage, learned counsel for the State as well as

Patna High Court CWJC No.4718 of 2026(2) dt.06-04-2026 3/3 learned counsel for the Sanskrit Shiksha Board submit that since the issues have already been settled by the Hon'ble Division Bench in LPA No. 43 of 2016, the petitioners may be directed to file their individual representations before the concerned respondent for adjudication of their grievances.

5. Considering the submissions of the parties, this Court finds it appropriate to direct the petitioners to file their individual representations before Respondent No. 4, along with all supporting documents, including a copy of this order, within a period of four weeks from today. Upon receipt of such representations, Respondent No. 4 is directed to adjudicate the claims of the petitioners within a further period of eight weeks, strictly in light of the judgment dated 13.08.2019 passed in LPA No. 43 of 2016. Upon such adjudication, the benefits to which the petitioners are found entitled shall also be extended in their favour within the same period.

6. With the aforesaid observations and directions, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U