Jyanendra Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20162 of 2025 ====================================================== Jyanendra Kumar Jha Son of Late Umesh Chandra Jha, Resident of VillageSugiya Katsari, Ward No. 13, P.S.-Sheohar, District- Sheohar, the Assistant Teacher (Acharya) of Bhavani Murlidhar Sanskrit High School, Chakfateha, Piprahi, Sheohar.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

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

4.

The Special Director, Department of Education, Bihar, Patna. 5.

The Bihar Sanskrit Education Board, Bihar, Patna through its Secretary. 6.

The Chairman, Bihar Sanskrit Education Board, Bihar, Patna. 7.

The Secretary, Bihar Sanskrit Education Board, Bihar, Patna. 8.

The District Education Officer, Sheohar.

9.

The District Programme Officer, (Establishment), Sheohar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad, Adv.

For the Respondent/s :

Mr. Kamlesh Kishore, AC to SC-12 For Bihar Sanskrit Education Board :

Mr. Satyam Shivam Sundaram, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner, learned counsel for Bihar Sanskrit Education Board and learned counsel for the respondents-State.

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2. With the consent of parties the present writ application is being disposed of at this stage itself.

3. In the present writ application the petitioner has prayed for the grant of following reliefs:

"(I) For issuance of an appropriate writ/ writs order/orders directions in the nature of mandamus for commanding and directing the respondents to grant parity in pay scale and retirement benefits to the petitioner at par with the government schools teachers in the light of the order dated 29.08.2025 passed in CWJC No. 38 of 2025 by this Hon'ble Court as well as other pronouncement of this Hon'ble Court and Hon'ble Apex Court.

(II) For issuance of an appropriate writ/ writs order/orders directions in the nature of mandamus for commanding and directing the respondents to grant same and similar benefits to the petitioners in the light of decision bearing resolution No. 237 dated 20.02.1990.

(III) And to grant any other reliefs for which petitioner may found entitled in accordance with law."

4. After advancing some argument, learned counsel appearing for the petitioner submits that for seeking the aforesaid relief the petitioner is prepared to file a detailed representation before the Special Director, Department of Education, Bihar, Patna (respondent no.4) and further submits

3/4 that if such a representation is filed by the petitioner, appropriate direction be given to the Special Director, Department of Education, Bihar, Patna (respondent no.4) to dispose of the said representation within a fixed time frame after giving an opportunity of hearing to the petitioner.

5. To the aforesaid submission made by learned counsel for the petitioner, learned counsel for Bihar Sanskrit Education Board and respondents-State do not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, the present writ application is disposed of granting liberty to the petitioner to file a detailed representation before the Special Director, Department of Education, Bihar, Patna (respondent no.4) within one month from the date of passing of this order and if such a representation is filed, the Special Director, Department of Education, Bihar, Patna shall dispose of the same within a period of six months from the date of filing of the representation, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the Special Director, Department of Education, Bihar, Patna should be a reasoned and speaking order.

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7. With the aforesaid observation, direction and liberty granted, the present writ application is disposed of. Pending I.As, if any will be deemed to have been disposed of. (Alok Kumar Sinha, J) Prakash Narayan U