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2026 Supreme(Online)(Pat) 2875

PATNA HIGH COURT
Harish Kumar, J
Jay Prakash & Ors. – Appellant
Versus
The State of Bihar & Ors. – Respondent
Civil Writ Jurisdiction Case No.439 of 2026



Advocates:
For the Appellants/Petitioners: Mr. Lalit Kishore, Sr. Adv., Mr. Mrityunjay Kumar, Adv., Mr. Mukesh Kumar Singh, Adv., Mr. Arinjay Kumar, Adv., Mr. Shivam Kumar, Adv.
For the Respondents: Mr. Abbas Haider, SC-6

The determination of reasonable salary levels for Head Teachers under relevant rules and addressing discrepancies in pay scales within educational institutions.

Headnote:The petitioners sought a directive for the fixation of reasonable pay for Head Teachers under Rule-9 of the Bihar Elementary School Head Teacher Rules, 2024. They challenged an order concerning pay protection for Head Teachers and requested uniform basic pay. The Court noted inconsistencies in pay scales. The primary legal issues included reasonable pay and salary parity for Head Teachers, with the Court indicating the discrepancy in salary levels. The case is to be re-notified on 16.02.2026.

Table of Content
1. subsequent directions and next hearing. (Para 7)

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 19-01-2026 Heard Mr. Lalit Kishore, learned Senior Advocate duly assisted by Mr. Mritunjay Kumar, learned Advocate for the petitioners and Mr. Abbas Haider, learned SC-6.

2. The batch of the writ petitioners have approached this Court seeking a direction upon the respondents for fixation of reasonable and respectable basic pay of Head Teacher in consultation with Finance Department, Government of Bihar, Patna as provided under Rule-9 of the Bihar Elementary School Head Teacher Rules , 2024 and also to prepare/make-out a fitment matrix table for Head Teachers/petitioners, who have been appointed afresh, after qualifying the BPSC examination and have joined at Government Primary Schools and now their services are governed with the provisions of the Head Teacher Rules, 2024.

3. Besides the aforesaid prayer, challenge has also been made to the order contained in Memo No. 4208 dated 22.11.2025, to the extent it relates to the Head Teachers/petitioners, who are working on the posts of Head Teacher at Government Primary Schools, whereby and whereunder it has been ordered that the Head Teachers/Head Masters and School Teachers shall also be granted pay protection like the Exclusive Teachers. The petitioners further sought a direction to provide uniform/equal basic pay. 4. Learned Senior Advocate for the petitioners while pressing the present application has submitted that the post of Head Teacher is an administrative post and the petitioners have been appointed after qualifying the competitive examination, but salary of Head Teachers has been fixed at the Basic Pay of Rs. 30,500/-, whereas, the Basic Pay of several Local Bodies Teachers at Primary Schools and Exclusive Teachers, who are assistant to Head Teacher is more than Head Teacher i.e. Rs. 33,870/- at the school, where the petitioners have been posted. Therefore, the Basic Pay of Rs. 30,500/- for Head Teacher is not a reasonable/respective Basic Pay and thus not sustainable.

5. Let a counter affidavit be filed on behalf of the concerned respondents, preferably within a period of four weeks, from today.

6. Re-notify this case on 16.02.2026.

7. Time, in the meanwhile, may be utilized by the learned Advocate for the petitioners to file response to the counter affidavit, if need be.

(Harish Kumar, J)

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