Chitranjan Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12477 of 2025 ====================================================== Chitranjan Kumar Sinha Son of Late Vinay Kumar Sinha, Resident of Village- Bhori, P.S.- Tekari now Pura, District- Gaya. At present Headmaster in Sang Darshan Sanskrit High School Bhori, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna. 2.
The Special Director, Secondary Education, Incharge Sanskrit, Education Department, Government of Bihar, Vikash Bhawan, Patna. 3.
The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary. 4.
The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 5.
The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna. 6.
The District Education Officer, Gaya, District- Gaya. 7.
The District Programme Officer, Establishment, Gaya, District- Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Kumar Ishwar, Advocate For the Respondent/s :
Mr. Standing Counsel (09) For the BSSB :
Mr. Satyam Shivam Sundaram, Advocate Mr. Ankit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner as well as learned counsel for the Bihar Sanksrit Shiksha Board and learned counsel for the State.
2. The petitioner is a Headmaster in Sang Darshan Sanskrit Uccha Vidyalaya, Bhori, Gaya, who has filed this writ petition with as many as four prayers. Learned counsel for the petitioner has submitted that the petitioner is not pressing the other prayers made in the writ petition except the prayer for grant of 5th and 6th pay scale to the petitioner.
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3. In support of the claim of the petitioner for grant of 5th and 6th pay scale, reliance has been placed on a judgment rendered by the Division Bench of this Court on 13.08.2019 passed in LPA No. 43 of 2016 and other analogous Letters Patent Appeals, wherein, the State Authorities have been directed to accord the benefit 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 Madarsas in the same manner as allowed to the teaching and non-teaching staff in the Government schools together with dearness allowance admissible thereon.
4. The judgment rendered by the Division Bench of this Court in the Letters Patent Appeal referred to hereinabove has been enclosed as Annexure- 9 to the writ petition.
5. The judgment rendered in LPA enclosed as Annexure- 9 to the writ petition does not contain paragraph numbers. Somewhere towards the end of the judgment passed by the Division Bench in the LPA referred to above, it has been held as under, which is extracted hereinbelow:- "For the reasons and discussions above, we are satisfied to record that the appellant-writ petitioners have made out a case for indulgence and consequently we direct the respondent
3/4 authorities in 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 Madarsas in the same manner as allowed to the teaching and non-teaching staff in the Government Schools together with dearness allowance admissible thereon and let the exercise together with the payment of differential amount of salary to which the teaching and non-teaching staffs in these schools are entitled, be made within a period of three months from today"
6. Learned counsel appearing for the State as well as the Sanskrit Board has also submitted that the teachers and nonteaching staff of the Non-Government Recognized (Aided) Sanskrit Schools and Madarsas are entitled to the payment of pay-scales under the 5th and 6th pay revision together with dearness allowance as have been granted to the teaching and non-teaching staffs in the Government Schools in terms of judgment rendered in the Letters Patent Appeal referred to hereinabove.
7. In view of the above, since there is an agreement at the bar that the issue raised in the present writ petition by the petitioner for grant of pay-scales as revised under 5th and 6th pay
4/4 revisions, together with the dearness allowance, this writ petition is hereby, disposed off, with a direction to the respondents, more particularly to respondent No. 6 / The District Education Officer, Gaya as well as respondent No. 3 / The Bihar Sanskrit Shiksha Board, Bihar, Patna to pay the petitioner pay scales under the 5th and 6th pay revisions as well as the dearness allowance as has been held by this Court in the judgment dated 13.08.2019 passed in LPA No 43 of 2016 and other analogous Letters Patent Appeals.
8. The writ petition is disposed off with the above directions.
(Nani Tagia, J) Siddharth Sagar/- U