Shaukat Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12570 of 2025 ====================================================== 1.

Shaukat Imam Son of Md. Hasim, Principal in Madarsha Darul Uloom Baswaria, Lauriya, District- West Champaran, Madarsa No. 88/1128. 2.

Naushad Alam Son of Abdul Jalil, Madarsa Teacher in Madarsa Darul Uloom Baswaria, Lauriya, District- West Champaran, Madarsa No. 88/1128. 3.

Md. Hamid Son of Samiuddin, Madarsa Teacher in Madarsa Darul Uloom Baswaria, Lauriya, District- West Champaran, Madarsa No. 88/1128. 4.

Faiyaz Ahmad Son of Md. Abbas, Madarsa Teacher in Madarsa Darul Uloom Baswaria, Lauriya, District- West Champaran, Madarsa No. 88/1128. 5.

Akhtar Hussain Son of Md. Tauhid, Madarsa Teacher in Madarsa Darul Uloom Baswaria, Lauriya, District- West Champaran, Madarsa No. 88/1128. 6.

Anzarul Haque Son of Sheikh Farooqe, Madarsa Teacher in Madarsa Darul Uloom Baswaria, Lauriya, District- West Champaran, Madarsa No. 88/1128. 7.

Md. Kalimullah Son of Md. Wais, Madarsa Teacher in Madarsa Minhajul Uloom Garhwa, Manjhaulia, District- West Champaran, Madarsa No. 981/1128.

8.

Abid Hussain Son of Zakir Hussain, Madarsa Teacher in Madarsa Minhajul Uloom Garhwa, Manjhaulia, District- West Champaran, Madarsa No. 981/1128.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary/Additional Chief Secretary, Human Resources Development Department of Education, Government of Bihar, Vikash Bhawan, Patna.

2.

The Special Director, Secondary Education, Department of Education, Government of Bihar, Vikash Bhawan, Patna.

3.

The Bihar State Madarsa Education Board, Patna through its Secretary. 4.

The Chairman, Bihar State Madarsa Education Board, Patna. 5.

The Secretary, Bihar State Madarsa Education Board, Patna. 6.

The District Education Officer, West Champaran, District- West Champaran. 7.

The District Programme Officer, Establishment West Champaran, DistrictWest Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Kumar Ishwar, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad, Sc 8 For the Madarsa Board :

Mr. Shahzad Hassan Khan, Adv.

:

Mr. Md. Aslam Ansari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

Patna High Court CWJC No.12570 of 2025(2) dt.05-08-2025 2/3 ORAL ORDER 05-08-2025

1. Heard the parties.

2. Petitioners are the teachers working in nongovernment recognized (aided) Madarsas, have filed the present writ application for a direction to the respondent authorities to grant benefit of revisional pay scale under 5th, 6th & 7th pay revision.

3. Learned counsel for the petitioners submits that similar issue regarding entitlement of revisional pay scale under 5th & 6th pay revision to the teaching and non-teaching staffs of the non-government recognized (aided) Sanskrit schools in the same manner as allowed to the teaching and non- teaching staffs in the government schools has been decided by a Division Bench of this court in LPA No. 43 of 2016 [Baidyanath Jha vs The State of Bihar & Ors.] and analogous cases.

4. Learned counsel for the state as well as the Madarsa Board jointly submit that the prayer made in the writ application is fully covered by Division Bench judgment of this court in Baidyanath Jha case (supra).

5. Having heard learned counsel for the parties and taking into consideration the nature of prayer made in this writ application and the fact that parties have agreed that the prayer made in the writ application is covered by Division Bench

Patna High Court CWJC No.12570 of 2025(2) dt.05-08-2025 3/3 judgment of this court, this writ application is disposed with liberty to the petitioners to file a representation before the respondent no. 6 - District Education Officer, West Champaran along with Division Bench judgment of this court within a period of fifteen days and if such a representation is filed, the District Education Officer, West Champaran, shall dispose the same in the light of Division Bench judgment within a further period of two months.

6. If the petitioners are found entitled for revisional pay scale, the same shall be paid to the petitioners within a period of one month from the date of disposal of the representation.

(Anil Kumar Sinha, J) harshpandey/- U