Dashanand Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9429 of 2026 ====================================================== Dashanand Paswan Son of Late Prabhu Paswan, Resident of Village- Sinday, Police Station- Barbigha, District- Sheikhpura, presently posted as Vishist Teacher in Higher Secondary education Belao, Block- Shekhopur Sarai, District- Sheikhpura.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Director, Secondary Education, Government of Bihar, Patna. 3.
District Education Officer, Sheikhpura.
4.
The Deputy Development Commissioner, Sheikhpura. 5.
The District Programme Officer (Est), Sheikhpura. 6.
The Incharge Head Master, Higher Secondary school, Belao, BlockShekhpopur Sarai, District- Sheikhpura. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate For the Respondent/s :
Mr. Vivek Prasad, GP-7 Mr. Sanjay Kumar, AC to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.
2. Learned counsel for the petitioner seeks permission to make necessary corrections in paragraph-1 of the writ application.
3. He is permitted to do so.
4. The instant writ application has been filed for the following reliefs:- (i) For directing the respondent concern specially Respondent No.3 to decide the pending claim of the
2/4 petitioner with regard to arrears of salary as well as difference of salary occurred due to noncomputing one increment to the petitioners' salary causing continuous loss in each month since June 2008 to June 2015 as also due differences of salary since 01.07.2015 to 30.08.2017 which occurred due to fixation of salary on 30.08.2017 w.e.f. 01.07.2015 as also due salary since 20.11.2015 to 09.12.2015 due which the petitioner was on medical leave, as well as since 15.04.2024 to 02.05.2024 also on medical leave due to vehicular accident which has been conceded by the respondent authority but salary as well as difference of salary could not be paid to the petitioner on different pretext regarding which the petitioner has represented his claim on 16.02.2026 before respondent no.3 and on 23.02.2026 before respondent no.
5 as the petitioner has become Vishist Teacher w.e.f. 01.01.2025 in view of Government Policy decision after successfully passing the Teachers Eligibility Test but till date neither due salary has been paid nor pending representation has been disposed of with reasoned order.
(ii) For directing the respondents concerned to make up to date necessary entry in service book of the petitioner.
(iii) For any other relief for which the petitioner is found entitled to in the facts and circumstances of the case.
5. Learned counsel for the petitioner submits that the petitioner, after having appeared in the examination conducted for the post of Exclusive Teacher, was selected and thereafter submitted his joining, which was duly accepted. However, his
3/4 services are required to be confirmed after counting his past services, on the basis of which he was permitted to appear in the examination for the post of Exclusive Teacher. It is further submitted that the service records have not been updated by the concerned authorities and, on account thereof, the respondent no. 8 has not taken any decision with regard to the reliefs sought by the petitioner. He further submits that the petitioner has also submitted an appropriate representation requesting consideration of his grievance and passing of appropriate orders thereon but the same has not been decided till date.
6. On the other hand, learned counsel for the State submits that since the petitioner has already submitted an appropriate representation for consideration of his grievance, appropriate directions may be issued to the competent authority for taking a final decision on the petitioner's claim in accordance with law.
7. Having considered the submissions advanced on behalf of the parties, this Court directs respondent no. 3 to verify the bona fide of the claim of the petitioner. Upon such verification, if the claim of the petitioner is found to be genuine, a reasoned and speaking order shall be passed on his representation within a period of eight weeks from the date of
4/4 receipt/production of a copy of this order. In the event the petitioner's claim is found admissible, all consequential benefits flowing therefrom, including arrears of salary and the differential salary, shall also be extended to him within a further period of three months thereafter.
8. Accordingly, the instant writ application stands disposed of with the aforesaid observations and directions. (Ajit Kumar, J) shikha/- U