IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3009 of 2026 ======================================================

Sudhir Kumar Jha Son of Late Shiv Shankar Jha, Resident of Bahora, P.o-

Budhia, P.s- Sarsi, District- Purnea- 854206 State- Bihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Education, Government of Bihar, Patna

3. The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

4. The Principal Secretary, Finance Department, Government of Bihar, Patna.

5. The Director Primary Education, Department of Education, Government of Bihar, Patna.

6. The District Superintendent of Education, Purnia ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sudarshan Bharadwaj For the Respondent/s : Standing Counsel (07)

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 10-03-2026 Learned counsel for the petitioner and learned counsel for the State are present.

2. The instant writ application has been filed seeking a direction to the concerned respondents to extend to the petitioner the benefit of annual increment. The petitioner is stated to have retired on 30th June, and the annual increment under the 6th Pay Revision, which is admissible to an employee on the 1st of July, has not been granted to him.

3. Learned counsel for the petitioner, relying upon the order of the Coordinate Bench passed in CWJC No. 12575 of 2019, submits that the issue has already been settled, whereby the following order has been passed:

30. Having regard to the facts and circumstances of the case and also taking into consideration the order of the Hon’ble Supreme Court dated 20.02.2025 in Miscellaneous Application Diary No.2400 of 2024 in Civil Appeal No.3933 of 2023, the resolution dated 22.07.2024 (Annexure-5 to the I.A. No.1 of 2024) issued by the Department of Finance, Government of Bihar, whereby it has been decided to grant notional benefits to the Government servant retiring on 30^th June/31st December with effect 11.04.2023, is hereby quashed in so far as it affects the petitioners.

31. It is made clear that all the petitioners, who have retired in between 30^th June 2009 till 30^th June 2016, will be entitled for their increment with effect from 01.07.2016, whereas those petitioners, who have retired after 30^th June 2016, i.e., on 30^th June 2017, 30^th June 2018 and 30^th June 2019, will be entitled for their increment with effect from the date on which they have retired, i.e. 1^st July 2017, 1^st July 2018 and 1^st July

2019.

32. It goes without saying that the authorities now will add the last increment in the last pay drawn with effect from 1^st July 2016 with respect to those petitioners who have retired in between June 2009 till June 2016 and with respect to rest of the petitioners, their last increment would be added with effect from the date of their retirement, within a period of four months from the date of receipt/production of a copy of this order.

4. It is further submitted that the challenge made in similar matters before the Hon’ble Division Bench by the State Government vide LPA No.1184 of 2024 has already been decided and the following directions have been issued:-

7. We have heard the counsel for the appellants at length, the writ Court had passed the order on the basis of the judgment reported in 2023(6) BLJ 392 in the case of Shiv Kumar (supra), referring paragraph-4 of the aforesaid judgment which is quoted hereinbelow:

“4. We would have normally referred the matter for consideration by a larger bench especially since, we are bound by a coordinate bench decision of this Court and the decisions of other High Courts have only a persuasive effect; however strong the persuasion and our inclination to follow the dictum of the other High Courts. That would n