Arvind Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20704 of 2025 ====================================================== Arvind Kumar Sharma Son of Suresh Prasad Sharma, Resident of VillageBarauni- 01, Police Station- Teghra, District- Begusarai. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Human Resources Development Department Government of Bihar, Vikash Bhawan, Patna. 2.
The Additional Secretary, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna.
3.
The Special Director, Department of Education, Government of Bihar, Vikash Bhawan, Patna.
4.
The Bihar Sanskrit Shiksha Board, Bihar, Patna through its Secretary. 5.
The Chairman, Bihar Sanskrit Shiksha Board, Bihar, Patna. 6.
The Secretary, the Bihar Sanskrit Shiksha Board, Bihar, Patna. 7.
The District Education Officer, Begusarai, District- Begusarai. 8.
The District Programme Officer, Establishment, Begusarai, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Kumar Ishwar, Adv For the State :
Mr.Addl. Advocate General (04) For the Board :
Mr. Satyam Shivam Sundaram, Adv Mr. Ankit, Adv Mr. Aman Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner, learned counsel for the Bihar Sanskrit Shiksha Board and learned counsel for the respondent-State.
2. With the consent of both the parties, this 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
2/5 appropriate writ, order, direction in the nature of Mandamus for commanding and directing the respondents to make necessary correction/modification for the implementation of 6th pay scale to the petitioners with effect from 01.04.2006 and monetary benefit with all benefits from 01.04.2007 as like Government High School and Government Minority High Schools in place of 01.04.2013 for which the petitioners are entitled under the law.
(ii) For issuance of an appropriate writ, order, direction in the nature of Mandamus for commanding and directing the respondents to make necessary correction/modification for the implementation of Vth pay scale to the petitioner with effect from 01.01.1986 and all monetary benefits from 01.03.1989 as like the Government High School or Minority Government High School in place of 01.04.1998.
(iii) For issuance of an appropriate writ, order, direction in the nature of Mandamus for commanding and directing the respondents to make payment of 5th pay scale with all benefits, service allowance and other service benefits from 01.03.1989 to date of retirement of petitioner aforesaid school as the Government High
3/5 School. And minority Madarsa High School in the State of Bihar. And further respondents be directed to give payment of 6 pay scales with all benefits to the petitioner from 01.04.2007 to the date of his retirement as like Government High School and minority Madarsa High Schools.
(iv) For issuance of an appropriate writ, order, direction directing the respondents to give priority payment of salary i.e. salary allowance and other service benefits of the Assistant Teacher in the aforesaid school to the petitioner as like the Assistant Teacher Government High School and Minority Madarsa School in the State of Bihar.
(v) For issuance of any other reliefs which petitioner may be found in the eyes of law."
4. After advancing some argument, learned counsel for the petitioner submits that for the reliefs claimed for in the present writ application, the petitioner is prepared to file a detailed representation before the respondent no. 8 i.e. the District Programme Officer, Establishment, Begusarai within one month from today. Learned counsel for the petitioner further prays that if such a representation is filed within the stipulated
4/5 time then the respondent no. 8 i.e. the District Programme Officer, Establishment, Begusarai, may be directed to dispose of the representation filed by the petitioner on merit within a fixed time frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for the respondent-Bihar Sanskrit Shiksha Board and learned counsel for the respondent-State do not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the respondent no. 8 i.e. the District Programme Officer, Establishment, Begusarai, within one month from today and if such a representation is filed within the stipulated time then the respondent no. 8 i.e. the District Programme Officer, Establishment, Begusarai is directed to dispose of the same on merit within a further period of six months from the date of receipt 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 District Programme Officer, Establishment, Begusarai, should
5/5 be a reasoned and speaking order. It is made clear that if the petitioner is found entitled to the relief which he would be claiming through the representation, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order.
7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U