Revision of pay and allowances for Non-Government Madarsa staff clarified, excluding superannuation benefits, requires fresh consideration by authorities per existing laws.

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 15-12-2025 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Madarsa Board.

2. The writ petition has been filed for the following reliefs :-

“For issuance of appropriate writ, order/orders, direction for quashing the order dated 04.10.2024 passed by Special Director Secondary Education, Education Department, Bihar, Patna a Copy of order dated 27.06.2024 passed in C.W.J.C. No. 430/2023 which was earlier filed by the petitioners for a direction to the respondents of the said grievance, hence, the respondents may be directed to allow petitioners grievances. 2. That the following substantial points are involved in this writ application.”

3. Learned counsel for the petitioners submits that vide order dated 27.06.2024 passed in C.W.J.C. No.430 of 2023, the Co-ordinate Bench of this Court had directed consideration of the case of this petitioners in light of the judgment passed in L.P.A. No.43 of 2016 and in view of the same, the petitioners had only claimed for revision of pension and dearness allowance, which has been allowed by the Hon’ble Court to be adjudicated, insofar as the petitioners had not claimed for any superannuation benefits, and the grievance of these petitioners was limited to the extend of payment of revision and as also for the pay revision, which can be inferred from the representation (Annexure-P/11).

4. Learned counsel for the petitioners by referring to the judgment and order passed by the Hon’ble Division Bench submits that it has clearly stated that the respondent-authority would only accord the benefit of revision of pay-scale under 5^th and 6^th pay revision to the teachers under teaching and non- teaching staff of Non-Government Madarsas, which has been allowed to the teaching and non-teaching staff of Government schools together with the dearness allowance, keeping in row the Constitution Bench judgment rendered by the Hon’ble Apex Court in Krishna Kumar Singh v. State of Bihar and Other reported in (2017) 3 SCC 1 , based on which, the judgment has been rendered by the Hon’ble Division Bench in L.P.A. No.43 of 2016 holding that payment of superannuation benefits to these teaching and non-teaching staffs, shall not be allowed in any manner, but are entitled to revision of pay scale and DA, which has been ignored for no prudent reason and the extract of the relevant portion of the judgment is extracted hereunder :-

“We, however, bearing note of the Constitution Bench judgment of the Supreme Court rendered in the case of Krishna Kumar Singh (supra) are not persuaded to allow the payment of superannuation benefits to these teaching and non- teaching staffs in these schools because they are employees of the schools which are run by the private managing committees and thus cannot be held government employees for such admissibility. To such extent we refuse the relief of superannuation benefits for the retired employees of the schools for they do not acquire the status of a government employee and the relief that we have allowed is strictly limited to the revision of pay- scales under the 5th and 6th Pay Revisions together with the dearness allowance admissible thereon.”

5. Learned counsel for the petitioners by taking this Court to the impugned order dated 04.10.2024 submits that the consideration made by the Special Director, Secondary Education, Department of Education, is mis-placed and has not correctly appreciated the judgment of Hon’ble Supreme Court and the Hon’ble Division Bench and as also the direction of Co- ordinate Bench of this Court issued in the case of these petitioners.

6. On the other hand, learned counsel for the Board does not dispute the factual