Rup Narayan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17487 of 2025 ====================================================== 1.

Rup Narayan Chaudhary, son of Hit Narayan Chaudhary, resident of Village Chanpura East, P.S. - Benipatti, District - Madhubani. 2.

Kishor Chandra Jha, son of Late Bansidhar Jha, resident of Village - Chanpura East, P.S. - Benipatti, District - Madhubani. 3.

Ashutosh Suman, son of Late Krishan Chandra Jha, resident of Village - Chanpura East, P.S. - Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Special Director, Secondary Education, Government of Bihar, Patna. 3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The District Magistrate, Madhubani, District - Madhubani. 5.

The District Education Officer-Cum-District Planning Officer, Madhubani, District - Madhubani.

6.

The District Programme Officer, Madhubani, District Madhubani. 7.

The Chairman, Bihar Sanskrit Shiksha Board, Back Harding Road, Patna. 8.

The Secretary, Bihar Sanskrit Shiksha Board, Back Harding Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Respondent/s :

Mr. Rajesh Kumar, AC to GP-3 For the BSSB :

Mr. S.S. Sunaram, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-11-2025 Heard the parties.

2. The petitioners have approached this Court seeking a direction upon the respondent authorities to ensure payment of arrears of differential amount of salary in the revised pay-scale under 5th, 6th and 7th Pay Revision as has been allowed to other teaching and non-teaching staff of the Government Schools with admissible dearness allowance along with the increment

Patna High Court CWJC No.17487 of 2025(2) dt.10-11-2025 2/3 admissible thereon in the light of the judgment/order dated 13.08.2019 passed by the learned Division Bench of this Court in L.P.A. No.43 of 2016 and other analogous cases.

3. Learned Advocate for the petitioners narrating the short facts of the case has submitted that the claim of the petitioners is squarely covered by the judgment/order rendered by the learned Division Bench of this Court in L.P.A. No.43 of 2016 and other analogous cases, wherein the learned Court has observed that the teachers/non teaching staff of the NonGovernment Recognized (Aided) Sanskrit Schools and Madarsas were also entitled to get the benefit of revision of payscale under the 5th and 6th Pay Revisions. It is further contended that other identically situated persons have approached this Court in various writ petitions and their cases have also been disposed off in terms with the decision rendered in L.P.A. No.43 of 2016.

4. Learned Advocate for the State and the learned Advocate for Bihar Sanskrit Shiksha Board fairly submitted that before approaching this Court, the petitioners ought to move before the concerned authorities; however, the same has not been done.

5. Having considered the submissions advanced and

Patna High Court CWJC No.17487 of 2025(2) dt.10-11-2025 3/3 taking note of the fact that the claim of the petitioners is said to be covered with the decision rendered in L.P.A. No.43 of 2016, the writ petition stands disposed off with a liberty to the petitioners to approach before respondent no.5, the District Education Officer-cum-District Planning Officer, Madhubani, by filing a detailed representation along with a copy of the order/judgment passed in L.P.A. No.43 of 2016 within a period of four weeks.

6. On receipt of such representations, respondent no.5 shall dispose off the same by passing a reasoned and speaking order, in accordance with law, especially in the light of the order passed in L.P.A. No.43 of 2016 within a further period of twelve weeks, keeping in mind the prescriptions of the Bihar State Litigation Policy, 2011, especially clause 4 (C)(1) thereof. (Harish Kumar, J) rohit/- U