Kaushal Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14979 of 2024 ====================================================== Kaushal Kumar Pandey Son of Paras Nath Pandey, resident of village- Reoti, P.O. and Police Station- Reoti, District- Balia (Uttar Pradesh). ... ... 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, though 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, Shri Krishnashrami Sanskrit High School Hariharpur, Block- Baniyapur, District- Saran.

11.

The Accountant General, Bihar Beerchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bashishtha Narayan Mishra, Advocate For the Respondent/s :

Mr. Standing Counsel (24) For the AG, Bihar :

Mr. Bindhyachal Rai, Advocate For the Board :

Mr. Chandra Shekhar Kr. Singh, Advocate Mr. Ankit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-07-2025 Heard the parties.

2. The petitioner superannuated from the post of Headmaster, Shri Krishnashrami Sanskrit High School, Hariharpur, Baniyapur, District Saran long back on 30.11.2020, on being aggrieved with the action of the respondent authorities

2/4 in not extending the payment of arrears of 5th and 6th Pay Revision scale as well as arrears of deducted provident fund from his salary with interest has approached this Court seeking a direction upon the concerned respondents.

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 the writ petition 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 compliance of the order of this Court, after obtaining cabinet

3/4 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. Anirban Kundu, learned Advocate for the State has submitted that the claim of the petitioner is under active consideration and all the process are being taken to ensure payment of admissible arrears on account of pay revision.

6. Considering the limited grievance of the petitioner and the decision of the learned Division Bench of this Court in the case of Baidyanath Jha (supra), this Court deems it appropriate to dispose of the writ petition with liberty to the petitioner 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 petitioner along with the order of this Court, the District

4/4 Education Officer, Saran at Chapra shall be obliged to look into the grievance of the petitioner 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 apprised to this Court that various identically situated persons 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, the writ petition stands disposed of.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.07.2025 Transmission Date NA