IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.666 of 2025 In Civil Writ Jurisdiction Case No.8407 of 2021 ======================================================

Sudha Trivedy wife of Siyaram Pandey, resident of E/105, Pushpanjali Vihar Apartment, Saristabad, P.S.-Gardanibagh, District-Patna.

... ... Appellant/s Versus

1. The State of Bihar through the Chief Secretary, Govt. Of Bihar Patna. 2. The principal Secretary Education Department, Govt. of Bihar Patna.

3. The Director, Higher Secondary Education Department, Govt. of Bihar, Patna.

4. The Deputy Director, Higher Secondary Education Department, Govt.

of Bihar, Patna.

5. The District Magistrate, Vaishali.

6. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad- Vaishali.

7. The District Education Officer Vaishali.

8. The District Programme Officer (establishment), Vaishali.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Siyaram Pandey, Advocate For the Respondent/s : Mr. P.K. Verma, A.A.G.-3 Dr. Mankeshwar Tiwari, A.C. to A.A.G.-3 ======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 12-01-2026 This Letters Patent Appeal has been filed by the appellant, Sudha Trivedy challenging the order dated 01.05.2025 passed by the learned Single Judge in C.W.J.C. No.

8407 of 2021.

1.1 The appellant filed the writ petition with the following prayers:-

“(I) For issuance of writ of certiorari for setting aside/quashing Para no. (2.8) of file no.11/bi 1-8/2013-1530 dated 11/8/2015 issued by the education department, Gov. of Bihar, Patna (annexure-6)

(II) and be pleased to pass a writ in the nature of writ of mandamus or an appropriate writ/writs, order/orders or direction/directions commanding the respondents to fix and make payment of salary to the petitioner with adding/calculating grade pay in the pay band- 5200-20200 with grade pay 2800/ and other benefits like a regular trained assistant teacher as per the letter issued in this regard by the Govt. of Bihar as contained in sankalp sanchika no.11/bi 1- 08/2013(ansh-2)1632 dated 21-06-2017(Annexure- 7) for which the petitioner is legally entitled for And/or be pleased to pass such other order or orders which may be deemed fit and proper in the facts and circumstances of the case.”

1.2. The grounds for seeking the relief in the writ petition are as follows:-

(i) For that the action/inaction of the respondent authorities are otherwise bad in the eye of law.

(ii) For that the petitioner who is a trained (B. Ed) +2 Hindi teacher appointed after following due process of law but while making payment of salary the same is fixed without grant of grade pay, likewise an untrained employee/teacher, in a wrong and illegal manner.

(iii) For that the Education Department, State of Bihar, vide its sankalp bearing file no. 11/bi1-08/2013 (ansh-2)1632 dated 21-06- 2017(annexure-7) clearly states that a higher secondary trained teacher (10+2) is entitled for a salary in the pay band 5200-20200 with grade pay 2800 and as per the above notification the basic revised salary is to be fixed to a trained teacher but while fixation of salary no grade pay is granted/calculated and wrong/less salary is being fixed and paid to the petitioner which is causing financial loss to the petitioner, amounting violation of the fundamental right of a citizen.

(iv) For that the action of the respondents are illegal, arbitrary, discriminatory and not sustainable in the eye of law.

(v) For that the action of the respondents are against the objective of article 14, 16 and against article 21 of the constitution of India.

2. The counter affidavit has been filed by the Respondent No. 2 wherein it has been stated as follows:-

"5. That it is most humbly submitted that the instant case has been filed by the petitioner inter alia for issuance of a writ in the nature of