Rani Kumari vs State of Bihar - 2025 Supreme(Pat) 603

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 603

IN THE HIGH COURT OF JUDICATURE AT PATNA
NANI TAGIA, J.
CWJC Nos. 10222 with, 8423 8446, 10277, 10613, 10838, 10870, 11763, 11813, 12237, 12389, 12485, 13052, 13805, 14066, 18335 of 2022; 3618, 3916, 4210, 6818, 7915, 11735, 12830, 12838 of 2023; 1943, 3394, 3550, 4325, 6489, 7458, 7494, 8039, 11438
and 11785 of 2024
(13.8.2025)
Rani Kumari (in 10222)
Sanjay Kumar (in 8423)
Husan Ara (in 8446)
Awantika Kumari (in 10277)
Aditya Kumar Tiwari (in 10613)
Md. Waqar Alam & Ors. (in 10838)
Swarnlata Verma & Ors. (in 10870)
Samim Shah (in 11763)
Sahabu Din Alam @ Shahabu-Din & Ors. (in 11813)
Vivek Kumar (in 12237)
Soni Gupta (in 12389)
Kumari Basanti (in 12485)
Shree Deo Das @ Shree Dev Das (in 13052)
Vinay Kumar (in 13805)
Vinod Kumar @ Binod Kumar & Ors. (in 14066)
Pashupatinath Singh (in 18335)
Manish Kumar & Ors. (in 3618)
Satya Narayan Chaudhary (in 3916)
Sunil Chaudhary (in 4210)
Anjay Kumar (in 6818)
Babulal Choudhary (in 7915)
Sanjeev Sharma (in 11735)
Nirmala Kumari (in 12830)
Ram Naresh Manjhi & Ors. (in 12838)
Ranjeet Kumar & Anr. (in 1943)
Manish Kumar & Ors. (in 3394)
Ramakant Yadav (in 3550)
Priyanka Kumari & Ors. (in 4325)
Akhileshwar Prasad (in 6489)
Nawal Kishore Pandey & Ors.
(in 7458)
Ritu Verma (in 7494)
Sweta Kumari (in 8039)
Amit Kumar (in 11438)
Kumari Rina Kumari (in 11785)
vs.
State of Bihar & Ors. ... Respondents
(in all)
M/s Abhishek Kumar (in 18335); Amish Kumar (in 13052); Arun Kumar (in 7458); Ataul Haque (in 12485); Binay Kumar (in 11763); Bipin Bihari Singh (in 12389, 14066, 4325); Birendra Kumar Singh (in 10870); Dilip Kumar Roy (in 12237); Dinesh Jha (in 3916); Durgesh Kumar (in 8423); Gajendra Kumar (in 1943); Guriya Nisha (in 6489); Gyanand Roy (in 8039); Krishna Chandra Jha (in 13052); Mirityunjay Kumar (in 11735); Om Prakash Prasad (in 7915); Prabhakar Singh (in 11438, 12838); Prakash Tiwari (in 11785); Rajeev Kumar Singh (in 12830); Rajesh Kumar Pandey (in 6818); Rama Kant Singh (in 10277); Ranjan Kumar Srivastava (in 8446); Ranjeet Kumar (in 3550); Sanjay Kumar (in 10838); Sanjeev Kumar Singh (in 3394); Sanjeev Kumar (in 10613); Satyam Shivam Sundaram (in 13805); Shambhu Sharan Kumar (in 3618); Shashi Shekhar Tiwary (in 18335); Suman Kumar (in 11813); Sunil Kumar (in 4210); Upendra Pd. (in 10222); Veena Kumari Jaiswal (in 10222); Vinod Kumar Seth (in 7494).

Advocates Appeared:
For the BEPC : Mr. Girish Kumar (in 8446).
M/s Abhanjalli (in 14066, 10838); Additional Advocate General (7) (in 6489); Binita Singh (SC-28) (in 12838, 13805, 13805, 7915, 8446); Government Pleader (2) (in 1943); Jitendra Kr. Roy 1 (SC-13) (in 10222); Kameshwar Kumar (GP-17) (in 11813, 12389, 12485); Madanjeet Kumar (GP-20) (in 11735, 18335, 6818); Madhaw Pd. Yadaw (GP-23) (in 10613, 10277, 3916); Madhukar Mishra, AC to SC-16 (in 10870, 11763, 12830, 3618); Md. Mujabaul Haque, GP-12 (in 7458); Prabhakar Jha (GP-27) (in 8446, 12237, 4210); Pranoy Kumar, AC to GP-12(in 7458); Raghwendra, SC-22 (in 11438); Ram Vinay Pd Singh, AC to GA-12 (in 14066, 10838); Sanjay Kumar, AC to GP-23 (in 3916); Shankar Kr. Thakur, AC to GP-27 (in 4210); Shilpa Singh (GA-12) (in 10838, 14066); Shiv Kumar, AC to GA-3 (in 11785); Standing Counsel (22) (in 7494); Standing Counsel 04 (in 8039); Standing Counsel-7 (in 3550); Subhash Chandra Mishra (SC-16) (in 10870, 11763, 12830, 3618); Tripharasi, AC to SC-26 (in 3394); Tripurari Nath, AC to SC-26 (in 4325).
For the B.S.E.B. : Ms. Surya Nilambari (in 11785).

Headnote:
Bihar State Teaching Institutions Teacher and Employees (Dispute Redressal and Appeal) Rules, 2020 – Rules 2 (iii), 2 (xii) (A), 13 (A) (i) and 13 (A) (v) – Petitioners, appointed as Niyojit/Panchayat Teacher in Primary Schools filing the writ petitions seeking direction to the respondent authorities to pay the current/arrears of salary from the month of June, 2020 onwards – Petitioners are found to have a statutory and efficacious remedy under the 2020 Rules – The existence of alternative remedy though does not effect (sic, affect) the jurisdiction of the Court to issue writ/direction/order under Article 226 of the Constitution of India but ordinarily that would be a good ground in refusing to exercise the discretion under Article 226 of the Constitution of India – The remedy under Article 226 of the Constitution of India being, in general, discretionary, the High Court may refuse to grant it where there exist an alternative remedy, equally efficient and adequate – The petitioners in these both of writ petitions, have not approached the High Court for enforcement of their established fundamental right, rather they have filed the writ petition to establish their right to the salary for which they have laid their claim on – Writ petitions disposed of with liberty to the petitioners to approach the concerned district authority. (Paras 13, 24, 25, 29 & 30)
Popcorn Entertainment Vs. City Industrial Development Corpn., (2007) 9 SCC 593; Whirlpool Corpn. Vs. Registrar of Trade Marks, (1998) 8 SCC 1; CCE Vs. Dunlop India Ltd., (1985) 1 SCC 260; United Bank of India Vs. Satyawati Tondon, (2010) 8 SCC 110; General Manager, Sri Siddeshwara Cooperative Bank Ltd. Vs. Ikbal, (2013) 10 SCC 83—Relied.

Nani Tagia, J. – Heard learned counsel for the petitioners and learned Advocate General for the State.

2. The petitioners who are Panchayat Teachers/ Block Teachers have filed these writ petitions under the following circumstances:

Reg.: CWJC No. 10222 of 2022

2.1. The petitioner was appointed as Niyojit Panchayat Shikshika in Prathmik Vidyalaya, Chakia, Mushahri, Amni, Dist. Khagaria in the year 2006. The petitioner states that she continued to work as Niyojit Teacher in the aforesaid school and has filed this writ petition seeking a direction to the respondent authorities to pay the current salary as well as arrear of salary from the month of June, 2020 onwards.

Reg.: CWJC No. 8423 of 2022

2.2. The petitioner, who is a Panchayat teacher at Primary School, Bajrang Nagar Pabher Dhanarua, District Patna, appointed on 14.08.2010, has filed this writ petition seeking payment of increased salary of the petitioner as Panchayat teacher on and from 22.11.2016.

Reg.: CWJC No. 8446 of 2022

2.3. The petitioner, who is a Panchayat Teacher at Rajkiya Prathamik Vidyalaya Urdu, Rudalpur, Block- Jalalpur, Dist. Saran at Chapra has filed this writ petition seeking a direction to the respondent authorities for payment of arrear of salary from 2018 as well as the current salary.

Reg.: CWJC No. 10613 of 2022

2.4. The petitioner, who is a Panchayat teacher at Government Middle School, Gonauli, Block- Lauriya, Dist. West Champaran, has filed this writ petition seeking a direction to the respondent authorities for payment of salary from June, 2022.

Reg.: CWJC No. 10838 of 2022

2.5. The petitioners, are three in numbers. Petitioner No. 1 is a Panchayat Teacher at Gram Panchayat, Sahuriya Block Banma Ithari, Dist. Saharsa vide appointment letter as contained in memo no. 8 dated 18.06.2018 by Panchayat Secretary of the Employment Committee. Petitioner Nos. 2 and 3 are Assistant teacher in untrained pay-scale in terms of appointment letter as contained in memo No. 13 dated 18.06.2018 and memo No. 11 dated 18.06.2018 respectively, issued by Panchayat Secretary of the Employment Secretary. The petitioner Nos. 2 and 3 are working at Primary School, Dhadia, Anchal Banma Ithari, Dist. Saharsha and Primary School, Rampokhar, Anchal Banma Itahri, Dist. Saharsa respectively. The petitioners have filed this writ petition for a direction to the respondent authorities to pay the salary of the petitioners with all consequential benefits attached to the post.

Reg.: CWJC No. 10870 of 2022

2.6. The petitioners, altogether 16 in number who are Panchayat teachers working at different schools as set out in paragraph No. 4 of the writ petition, have filed this writ petition seeking a direction to the respondent authorities for payment of their salary from June, 2018 onwards.

Reg.: CWJC No. 11813 of 2022

2.7. The petitioners, altogether 7 in numbers who are Panchayat teachers working in different schools as mentioned in Paragraph No. 4 to 10 of the writ petition have filed this writ petition for payment of salary by the respondent authorities.

Reg.: CWJC No. 13805 of 2022

2.8. The petitioner, who is a Panchayat teacher working at Upgraded Middle School, Sonbarsa, Barauli, Dist. Gopalganj has filed this writ petition for payment of salary by the respondent authorities. The learned counsel for the petitioner has submitted that the petitioner has now become a regular Assistant teacher. The fact that the petitioner has become an Assistant teacher at subsequent point of time is not on record. However, the grievance raised by petitioner in the instant writ petition is for payment of salary, while the petitioner was a Panchayat teacher.

Reg.: CWJC No. 14066 of 2022

2.9. The petitioners, altogether 10 in numbers, stated to be Panchayat and Block teachers have filed this writ petition for payment of salary from November, 2019.

Reg.: CWJC No. 18335 of 2022

2.10. The petitioner, who is a Panchayat Teacher since 12.07.2014 at the new Primary School, Rasulpur, Bind Toli, Hussainganj, Siwan has filed this