Entitlement to salary scales based on prior government resolutions and appointments in recognized institutions.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 10-02-2026 Heard learned Advocate for the respective parties.

2. The petitioner was duly appointed as a Clerk in Swami Prankushacharya Sanskrit High School, Hulasganj Jehanabad by the Managing Committee vide Memo No.86 dated 24.01.2013 and subsequently his appointment has been duly approved by the Bihar Sanskrit Shiksha Board. However, notwithstanding the aforesaid fact, he has not been allowed the regular pay scale; hence, the present writ application seeking following reliefs:-

“(i) For issuance of an appropriate writ, order, direction in the nature of Mandamus for commanding and directing the respondents to declare the petitioner is regular teachers in the aforesaid school and further for a direction to the Respondents to make payment of their salary allowance and other service benefits to the petitioner as regular teacher in the aforesaid school.

(ii) For issuance of an appropriate writ, order, direction in the nature of Mandamus for commanding and directing the respondents to make payment of all dues salary to the petitioner as regular Assistant Teacher in the aforesaid school for which petitioner is entitled under the law.

(iii) For issuance of any other reliefs for which petitioner may be found in the eyes of law.”

3. The learned Advocate for the petitioner submitted that the petitioner’s school is duly recognized well before the notification issued by the State Government dated 15.02.2011, and the posts in question had already been sanctioned prior to that very notification. It is further submitted that the validity of the afore-noted resolution of the respondent-State Government dated 15.02.2011 as well as the subsequent notification dated 31.08.2013, was duly examined by this Court in C.W.J.C. No.985 of 2015 and the learned Division Bench of this Court has clarified the position, in the following words:-

“13. The petitioners are Teachers of such Madarsas and Schools that stood recognized and aided prior to 15.02.2011. The impugned Resolution dated 31.8.2013 quoted hereinabove in Clause 6 converts the pay-scales of those Teachers who were appointed in such schools after 15.02.2011 with retrospective effect. This was therefore impermissible as the matter under consideration on 15.2.2011 was of giving a fixed pay-scale to those Madarsas who had not been recognized up to 15.02.2011, and were found eligible after inquiry in terms of the said order of the Government. The 15.02.2011 Resolution therefore did not contemplate reduction of salary of those who were getting a regular pay-scale in recognized and aided Madarsas against posts sanctioned prior to 15.02.2011 which formed a different class. The petitioners were deprived of the regular pay-scale for bringing about an equality in respect of institutions which were not subject matter of the Resolution dated 15.02.2011. The 15.02.2011 resolution does not stipulate any restriction of regular pay-scales. The State Government may have been under some compulsion to reflect equality in its actions as they agreed to give a fixed pay-scale to the Madarsas that were recognized after 15.02.2011 as those Teachers may have demanded a regular pay-scale, but the same could not have Patna High Court CWJC No.985 of 2015 dt.27-03-2019 9/10 been made a ground for deprivation of the pay-scale admissible to sanctioned posts in respect of the Madarsas and Schools that stood recognized and aided prior to 15.02.2011. The said benefits could not have been withdrawn retrospectively as the petitioners even though appointed after 15.02.2011 but before 31.08.2013 were occupying posts that were recognized and aided even prior to 15.02.2011 with regular pay-scale. The posts had not been abolished nor their pay-scales had b