Parwati Devi, v. The State of Bihar

Patna HC24 Jun 2025CWJC/9870/2025

Case brief

AI extract

What is this about?

arrears of salary; matric trained scale; matric untrained pay scale Rs.3050-4590; Adult Education scheme absorption; Assistant Teacher; deceased teacher's dues; widow petitioner; interest 9% per annum; representation pending; Director Primary Education Bihar; District Programme Officer (Estab.) Banka; District Banka; memo no.1245 dated 09.10.2004; joining 11.10.2004; CWJC No.7322/2017 order dt.11.04.2018 similarly situated; withdrawal with liberty to file fresh representation; disposed of; Uday Narayan Yadav; Parwati Devi

What did the court decide?

Liberty to withdraw and file a fresh detailed representation before the Director, Primary Education, Bihar; the Director to call for the late husband's service particulars and consider and dispose of the representation in accordance with law expeditiously. ¶¶30

Parwati Devi, Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to arrears of salary in the matric trained scale due to her late husband from completion of three years of his appointment as Assistant Teacher (12.10.07) until his death on 03.12.2010. +1 more

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Ratio / Principle

The Court permitted the petitioner to withdraw the writ petition with liberty to file a fresh detailed representation before the Director, Primary Education, Bihar for the reliefs prayed for.

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Key takeaways

The Director, Primary Education, Bihar is directed to call for the service particulars of the petitioner's late husband, Uday Narayan Yadav, who was absorbed as a Primary Education teacher after entrenchment from the Adult Education scheme.ratio¶¶27
The petitioner's representation is directed to be considered and disposed of by the Director, Primary Education, Bihar in accordance with law expeditiously.ratio¶¶29

Detailed headnote1 paragraphs

Parwati Devi, widow of Uday Narayan Yadav, sought mandamus for payment of arrears of salary in the matric trained scale due to her late husband — absorbed as a Primary Education teacher in the matric untrained pay scale of Rs. 3050-4590/- vide memo no.1245 dated 09.10.2004 after entrenchment from the Central Government-run Adult Education scheme, with joining on 11.10.2004 — from 12.10.07 (completion of three years) until his death on 03.12.2010, together with interest at 9% per annum, citing treatment of similarly situated persons under the order dt. 11.04.2018 in CWJC No.7322/2017. On hearing, counsel stated a representation was already pending before the District Programme Officer (Establishment), Banka, and sought withdrawal with liberty. Allowing withdrawal, the Court directed that the petitioner may file a detailed representation before the Director, Primary Education, Bihar, directed the Director to call for the late husband's service particulars (whose name appears at Serial No.9; joining given 11.10.2004 at Madhya Vidalaya, Bahadiya, Prakhand, Katoria, District Banka), and to consider and dispose of the representation in accordance with law expeditiously. Writ petition disposed of. (Purnendu Singh, J; 24-06-2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9870 of 2025

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Parwati Devi, wife of late Uday Narayan Yadav, Resident of VillageKaligarhi, P.O.-Lakshmipur, P.S.-Kotoria, District-Banka.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

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The Principal Secretary, Education Department, Govt. of Bihar, Patna.

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

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The Regional Deputy Director of Education, Bhagalpur.

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The District Education Officer, Banka, District-Banka.

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The District Programme Officer (Estab.), Banka, District-Banka.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate Mr. Dhannjay Kumar Gupta, Advocate For the Respondent/s : Mr. Nalin Vilochan Tiwary, AC to GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 24-06-2025 Heard Mr. Sharda Nand Mishra along with Mr. Dhannjay Kumar Gupta, learned counsels appearing on behalf of the petitioner and Mr. Nalin Vilochan Tiwary, learned AC to GA 9 for the State.

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Petitioner has inter alia prayed for following reliefs

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in the paragraphs No.1 of the writ petition:-

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“(I) For issuance of writ nature of nature of mandamus for direction to the respondents pay the arrear of salary of matric trained scale to the husband of petitioner from the date of completion of three years of his appointment on the post of Assistant Teacher i.e. from 12.10.07 till his death i.e. on 03.12.2010.

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ii) For further issue direction to the Respondents grant the arrear of the salary after giving matric trained scale to the husband of

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Patna High Court CWJC No.9870 of 2025(2) dt.24-06-2025 2/3

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petitioner as other similarly situated persons have been granted in the light of the order dt. 11.04.2018 passed in CWJC No.7322 /2017 of this Hon’ble Court.

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iii) For further issue direction to the respondents pay due arrear of salary to the petitioner as her husband was not paid along with the interest 9% per annum to till date of full and final payment to the petitioner.

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iv) For further give other legal consequential benefit to the petitioner to the attached to the post of her husband.”

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Learned counsel appearing on behalf of petitioner

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submitted that the petitioner has already filed a detailed representation before the District Programme Officer, Establishment, Banka and the same is pending. However, he seeks to withdraw the present writ petition with a liberty to file a fresh detailed representation before the Director, Primary Education, Bihar for the relief as prayed for in the present writ petition.

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Considering the submission made on behalf of the petitioner, the petitioner, if so advised, may file a detailed representation before the Director, Primary Education, Bihar. The Director, Primary Education, Bihar is directed to call for the service particulars of the late husband of the petitioner, namely, Uday Narayan Yadav, who after his entrenchment from Adult Education scheme, run by the Central Government and undertaken by the State Government for adult education, was absorbed on the post of Primary Education teacher in the matric

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Patna High Court CWJC No.9870 of 2025(2) dt.24-06-2025 3/3

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untrained pay scale of Rs. 3050-4590/- vide memo no.1245 dated 09.10.2004. Name of the husband of the petitioner appears at Serial No.9. Husband of the petitioner gave joining on 11.10.2004 at Madhya Vidalaya, Bahadiya, Prakhand, Katoria, District, Banka. The representation of the petitioner is directed to be considered and disposed of in accordance with law expeditiously.

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The writ petition is, accordingly, disposed of.

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(Purnendu Singh, J)

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Sanjay/-

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Parwati Devi, v. The State of Bihar

Case brief

What is this about?

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Parwati Devi, v. The State of Bihar

Case brief

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