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2020 DAILYLAW 766 (PAT)

The Bihar Panchayat Nagar Prarambhik Shikshak Sangh v. The State of Bihar

CWJC/2464/2020 · 2026-03-10

Ajit Kumar

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2464 of 2020 ====================================================== 1. The Bihar Panchayat Nagar Prarambhik Shikshak Sangh Registered Office- At Wared No. 1, Panchayat Patsanda, Block and P.S.- Gidhaur, District- Jamui, represented through its General Secretary, namely Ranchandra Roy. 2. Ramchandra Roy, S/o- Sri Ram Narayan Roy, R/o Village- Hundahiya, Rupauli Buzurg, P.S.- Musarigharari, District- Samastipur. 3. Sarita Kumari, W/o- Dashrath Das, R/o At- Ramchandrapur, P.O.- Pataili, P.S.- Ujiyarpur, District- Samastipur. At present Posted as Block Teacher, At U.M.S. Chandauli Block- Ujiyarpur, District- Samastipur. 4. Ribha Rani, W/o Rajendra Prasad Rajak, R/o At and P.O. - Lohagir, P.s.- Ujiyarpur, District Samastipur. At present posted as Panchayat Teacher, At P.S. Lohagir, Block- Ujiyarpur, District- Samastipur. 5. Balo Paswan, S/o- Bodhan Paswan, R/o At - Pul Pagra, P.O.- Pagra, P.S. Dalsingsarai, District- Samastipur. At Present Posted as Panchayat Teacher, At P.s. Kerai Musahara, Ward No. - 2, Block- Vibhutipur, District- Samastipur. 6. Shankar Kumar, S/o Maheshwar Sahni, R/o At- Malpur, P.O. and P.S. Dalsinghsarai, District- Samastipur. At present posted as Panchayat Teacher, At- P.s. Kerai Majkothi, Ward No. - 11, Block- Vibhutipur, District- Samastipur. 7. Ranju Kumari, W/o- Yogendra Prasad, R/o At and P.O.- Chakhabib, P.s.- Vibhutipur, District- Samastipur. At Present Posted as Block Teacher, At U.M.S. Shahpur Parohi, Block- Vibhutipur, District- Samatipur. 8. Ranju Kumari, W/o- Mukesh Kumar Verma, R/o At and P.O. and P.S.- Pasraha, District- Khagariya. At present posted as Panchayat Teacher, At - P.S. Kerai Majkothi, Ward No. 11, Block- vibhutipur, District- Samastipur. 9. Surendra Kumar, S/O Ramchandra Mahto, R/O At - Mustafapur, P.O- Mahammadpur Sakra, P.S. Vibhutipur, District- Samatipur. At Present Posted as Panchayat Teacher At - P.S. Barkurwa Mahmmadpur Sakara, Block- Vibhutipur, District- Samatsipur. 10. Shabnam Khatun, W/o Md Kadir, R/o- At- Mahammadpur Sakra, P.S.- Vibhutipur, District- Samastipur. At present posted as Panchayat Teacher AT- P.s. Suksena, Block- Vibhutipur, District- Samastipur. 11. Asha Kumari, W/o- Aravind Kumar, R/o, AT and P.O- Mahisari, P.S.- Ujiyarpur, District- Samastispur. At Present Posted as panchayat Teacher, At- P.s. Kerai Musahara ward no. -2, Block Vibhutipur, District- Samastipur. 12. Sanjeev Kumar Mishra, S/o- Late Mahendra Prasad Mishra, R/o At and Po- Chakbedauliya, P.s.- Vibhutipur, District- Samastipur. At present posted as Panchayat Teacher At- P.s. Das Tola, Ward No. 7 Block- Vibhutipur, District- Samastipur. 13. Pinki Kumari, W/o- Avinash Kumar Tandan, R/o At and Po- Kalyanpur, District- Samastipur, At present posted as Panchayat Teacher. At- P.S. Musahari Tol word no. 2, Block- Vibhutipur, District- Samastipur. 14. Ramkumar Paswan, S/o Yugeshwar Paswan, R/o At- Hawaspur, Po and Ps- Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 2/10 Mansurchak, District- Begusarai. At present posted as Panchayat Teacher. At- P. Urdu Vidyalay Vibhutipur, Block- Vibhutipur, District- Samastipur. 15. Abnit Kumar, S/o Ramdeo Paswan, R/o At and Po- Kalyanpur, P.s- Vibhutipur, District- Samastipur. At present posted as Panchayat Teachar. At P.S. Benipur Koina, Block- Vibhutipur, District- Samastipur. 16. Binod Paswan, S/o- Lakhikant Paswan, R/o At and Po- Chakhabib, P.s.- Vibhutipur, District - Samastipur. At present posted as Panchayat Teachar. At- P.s. Musahari Bharpura Chochahi, Block- Vibhutipur, District- Samastipur. 17. Amrita Kumari, W/o- Sanjay Thakur, R/o At- Shahwajpur, P.O. and P.s.- Ghataho, District- Samastipur. AT present posted as Panchayat TEachar. At- P.s. Salempur, Block- Ujiyarpur, District- Samastipur. 18. Amirul Haque Ansari, S/o- Abdul Jabbar Ansari, R/o At and Po- Mokhtiyarpur Salkhani, P.S. Dalsingsarai, District- Samastipur. At present posted as Panchayat Teachar. At- R.P. Maktab Sulemanpur, Block- Ujiyarpur, District- Samastipurl. 19. Baby Kumari, W/o- Shivkumar Rajak, R/o At- Mahamadpur, Po- Halai, P.s.- Tajpur, District- Samastipur. At present posted as Panchayat Teachar. At- P.s. Nikaspur (Anusuchit Tol), Block- Morwa, District- Samastipur. 20. Nanhki Paswan, S/o- Late Rameshwar paswan, R/o At- RAmchandrapur Andhail, P.O.- Pataili, P.S.- Ujiyarpur, District- Samastipur, At Present Posted as Block Teachar. At- U.M.S. Chandauli, Block- Ujiyarpur, District- Samastipur. 21. Rekha Kumari, W/o Ghanshyam Das, R/o At and P.O.- Bhagwanpur Desua, P.s.- Ujiyarpur, District- Samastipur, At present posted as Panchayat Teachar. At- P.s. Bhola Tol Desua, Block- Ujiyarpur, District- Samastipur. 22. Lalita Kumari, W/o - Nand Kishor Paswan, R/o At and P.O.- Chaita North, P.S.- Angarghat, District- Samastipur. At present posted as Panchayat Teachar. At- P.s. Narsinghsthan Chaita Bastari, Block- Ujiyarpur, District- Samastipur. 23. Meera Kumari, W/o- Ram Bharos Ram, R/o At and P.O. - Mahisari, P.s.- Ujiyarpur, District- Samastipur, At present posted as Panchayat Teachar. At- R.P.S. Mahisari Dih, Block- Ujiyarpur, District- Samastipur. 24. Sitaram Paswan, S/o- Budhan Paswan, R/o At and P.O. - Karian, P.s.- Shivajinagar, District - Samastipur. At present posted as Panchayat Teachar. At- P.S. Yogiya, Block- Shivjinagar, District- Samastipur. 25. Ranjeet Kumar Singh, S/o- Jaykrishana Prasad Singh, R/o At- Mahadeva, Po- Shankarpur, P.s.- Shivajinagar, District- Samastipur. At present posted as Panchayat Teachar. At- P.S. Bhariya, Block- Shivajinagar, District- Samastipur. 26. Ram Punit Singh, S/o- Bhuneshwar Singh, R/o At- Shivnagar, Po- Kariyan, P.s.- Shivjinagar, District- Samastipur. At present posted as Panchayat Teachar. At- P.S. Bhariya, Block- Shivajinagar, District- Samastipur. 27. Ranjeet Kumar Kamal, S/o- Bhola Mahto, R/o At and P.O. - Jitwarpur Chauth, P.S. and Dist- Samastipur. At present posted as Panchayat Teachar. At P.S. Yadav Tol Ward No. 6, Block- Ujiyarpur, District- Samastipur. Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 3/10 28. Kamani Kumari, W/o- Ranjeet Kumar, R/o At- Kalyanpur Basti, P.O. and P.S.- Mohiuddinnagar, District- Samastipur. At present posted as Panchayat Teachar. At- P.S. Yadav Tol Ward no. 6, Block- Ujiyarpur, District- Samastipur. 29. Kumari Punam Sinha, D/o- Sita Ram Singh, R/o At- Hanuman Nagar Baghopur, Po- Balaha, P.S. Shivajinagar, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.S. Balaha, Block- Shivajinagar, District- Samastipur. 30. Gyanmala Kumari, W/o- Mritunjay Pandey, R/o At and P.O. - Chandauli, P.s.- Ujiyarpur, District- Samastipur. At Present Posted as Block Teachar. At- U.M.S. Chandauli, Block- Juiyarpur, District- Samastipur. 31. Dinesh Kumar Sahani, S/o- Ramashrya Sahani, R/o At and P.O. - Diyanatpur Patailya, P.s.- Vibhutipur, District- Samastipur. At Present Posted as panchayat Teachar. At- P.s. Madhopur ward no. 6 Kapan, Block- Vibhutipur, District- Samastipur. 32. Reena Kumari, W/o- Rajaram Mahto, R/o At- Khoksaha, Po- Madhopur, P.s.- Vibhutipur, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.s. Jogiya ward no. 6, Block- Vibhutipur, District- Samastipur. 33. Manish, S/o- Rajendra Prasad, At- Sirsi, PO- Mahthi, P.s.- Vibhutipur, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.S. Deshari Mallah Tol, Block- Vibhutipur, District- Samastipur. 34. Meena Kumari, W/o Ganga Prasad, R/o At- Salkhanni, Po- Singhia Bujurg, P.s.- Vibhutipur, District- Samastipur. At Present Posted as Panchayat Teachar. At P.S. Mustafapur Uttar, Block- Vibhutipur, District- Samastipur. 35. Lakshmi Kumari, W/o Krishna Kant Prasad Singh, R/o At and P.O. - Singhia Bujurg, P.s.- Vibhutipur, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.S. Patailiya West, Block- Vibhutipur, District- Samastipur. 36. Mudrika Kumari, W/o- Devanand Chaudhary, R/o At and P.O. - Patali, P.s.- Ujiyarpur, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.S. Jogiya ward no. 6, Block- Vibhutipur, District- Samastipur. 37. Minu Verma, W/o Devendra Kumar, R/o At- Birsaihiya, Po- singhia Ghat, P.s.- Vibhutipur, District- Samastipur. At present posted as Panchayat Teachar. At- P.S. Prakhand Colony Vibhutipur, Block- Vibhutipur, District- Samastipur. 38. Shanaz Khatoon, W/o- Md Shakil, R/o At- Mohanpur, P.o.- Boriya, P.s.- Vibhutipur, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.S. Damodarpur word no. 8, Block- Vibhutipur, District- Samastipur. 39. Salma Khatoon, W/o- Md Asalam, R/o At- Partapur, P.o.- Muktapur, P.S.- Kalyanpur, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.S. Damodarpur word no. 8, Block- Vibhutipur, District- Samastipur. 40. Arti Kumari, W/o Pankaj Kumar, R/o At and Po- Singhia Ghat, P.s.- Vibhutipur, District - Samastipur. At Present Posted as Panchayat Teachar. At P.S. Nagarvadha, Block- Vibhutipur, District- Samastipur. 41. Rahmat Ali, S/o- Abdul Qaiyum Ansari, R/o At- Ramnagar, Po- Sari, P.s.- Warishnagar, District- Samastipur. At Present Posted as Block Teachar. At- Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 4/10 U.M.S. Kerai Sarpatti, Block- Vibhutipur, District- Samastipur. 42. Kiran Kumari, W/o- Subodh Kumar Singh, R/o- At and Po- Tapua Mathura Pur, P.s.- Pirpainti, Dist- Bhagalpur, At Present Posted as Panchayat Teachar. At- P.S. Tarunia (Mahammadpur Sakara), Block- Vibhutipur, District- Samastipur. 43. Md Faisal Alam, S/o- Md Fakhre Alam, R/o At- Suwapakar, Po- Rupauli, P.s.- Musarigharari, District- Samastipur. At Present Posted as Block Teachar. At- U.M.S. Maktab Salha, Block- Sarairanjan, District- Samatsipur. 44. Sheela Kumari, W/o- Harinandan Prasad Sahni, R/o At- Mirjapur, Po- Nikashpur, P.s.- Tajpur, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.s.- Songar Muslim tola, Block- Morwa, District- Samastipur. 45. Rinku Kumari, W/o- Parameshwar Kumar Paswan, R/o At- Dharampur Dakhali, Po- Keshonarayanpur, P.s.- Tajpur, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.s. Saidpur Milki, Block- Morwa, District- Samastipur. 46. Shobha Kumari, W/o- Shailendra Prasad Singh, R/o At and Po- Chaksikendra, P.s.- Tajpur, District- Samastipur. At present posted as Panchayat Teachar. At- P.S. Anandpur MajkothiChaudhary Tol, Block- Morwa, District- Samastipur. 47. Dileep Ram, S/o - Late Prem lal Ram, R/o At and Po- Chaksikendra, P.s.- Tajpujr, District- Samastipur. At Present Posted as Panchayat Teachar. At P.S. Chaksikendra Pustkalay Bhawan, Block- Morwa, District- Samastipur. 48. Satya Narayan Sahani, S/o Late Ram Kishun Sahani, R/o At and P.O- Lohagir, P.s.- Ujiyarpur, District- Samastipur, At Present Posted as Panchayat Teachar. At- P.s. Bhangaha Lohagir, Boock- Ujiyarpur, District- Samastipur. 49. Rajesh Kumar Mahto, S/o- Rambaran Mahto, R/o At- Malpur, P.o- Jorpura, P.s.- Tajpur, District- Samastipur. At Present Posted as panchayat Teachar. At- P.s.- Saidpurtola Dharampur Bande, Block- Morwa, District- Samastipur. 50. Naresh Kumar Chaudhary, S/o- Ramishwar Chaudhary, R/o At and Po- Sivaisingpur, P.s.- Mohiuddinnagar, District- Samastipur. At Present Posted as Panchayat Teachar. At- P.S. Katahariya ward no. 8 Haithanpur Block- Patori, District- Samastipur. 51. Anita Kumari, W/o Shambhu Prasad Ray, R/o At- Chakraman Po and P.s.- Patori, District- Samastipur. At Present Posted as panchayat Teachar. At- P.s. Kumaiya, Block- Morwa, District- Samastipur. 52. Punam Kumari, W/o- sunil Ram, R/o At and Po- Dakshini Dhamoun, P.s.- Patori, District- Samastipur. At Present Posted as panchayat Teachar. At- P.S. Kali Sthan Block- Patori, District- Samastipur. 53. Shrawan Kumar Mandal, S/o- Trideo Prasad Mandal, At- Kutubpur Siz, Po- Narayanpur, P.s.- Manihari, District- Katihar. At Present Posted as Prakhand Teachar. At- U.M.S. Kauwa, Block- Morwa, District- Samstipur. ... ... Petitioner/s Versus Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 5/10 1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna. 2. The Principal Secretary, Education Department, Government of Bihar, Patna. 3. The Director, Primary Education, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Mrityunjay Kumar, Adv. Mr. Arinjay Kumar, Adv. Mr. Mukesh Kr. Singh, Adv. Mr. Shivam Kumar, Adv. For the Respondent/s : Smt. Binita Singh (SC28) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 5 10-03-2026 Heard learned counsel for the petitioners and learned counsel for the State. 2. The petitioners have sought for the following relief(s):- “That the Petitioner crave indulgence of this Hon'ble Court for issuance of a writ in the nature of Mandamus or any other appropriate writ(s)/order(s)/Direction(s) to the respondents to consider and grant the benefits of trained teacher to all those teachers who have passed their two years in-service teacher training course in sessions 2013-15, since the date of completion (May 2017) of their course of two years in service teacher training course namely Diploma in Elementary Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 6/10 Education, in short- D.El.Ed. (Open Distance Learning, in short- ODL) from the State Council of Education, Research and Training (SCERT), Patna, and not from publication of results i.e. 31.03.2019, in the light of Order/Judgment dated- 09.08.2019 passed in C.W.J.C No-16165 of 2019 (Annexure-3) by this Hon'ble Court. And for any other appropriate writ order/direction for which the Petitioners are entitled for in the facts and circumstances of this case.” 3. Learned counsel for the petitioners submits that today itself, this Court has passed orders in the case of Bimal Kumar Sah & Ors. v. The State of Bihar & Ors (CWJC No. 3067 of 2026) and since the case of these petitioners are also similarly situated, the instant writ petition may also be disposed of in the light of order as passed in the aforesaid case. 4. It has further been submitted that the similar issues have already been put at rest relying upon the judgment passed by the Co-ordinate Bench rendered in the case of Kishor Kumar & Ors. Vs. The State of Bihar & Ors, (CWJC No, 16165 of 2019) whereby a detailed order has been passed in the case of Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 7/10 State of Bihar & Ors.Vs. Manoj Kumar & Ors. (LPA No. 456 of 2021 in CWJC No. 7938 of 2020), which squarely covers the case of these petitioners. 5. It has next been submitted that against the order passed by the Co-ordinate Bench, the State authorities have preferred appeal before the Hon'ble Division Bench by filing LPA No. 456 of 2021 (The State of Bihar & Ors. Vs. Manoj Kumar & Ors.) (supra) and the Hon'ble Division Bench has affirmed the order passed by the Co-ordinate Bench of this Court, which is being reproduced herein below:- “……….5. It is to be noted that appellants- State have not preferred LPA in Kishor Kumar and Others (supra) case. On the other hand, they have not taken note of specific words in the Kishor Kumar and Others (supra) to the following extent:- "The respondents have to take decision granting benefit of trained scale to the petitioners with effect from the date of completion of their training i.e., May, 2017. Necessary decision in this regard with all consequential monetary benefits must be taken by the Director, Secondary Education Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 8/10 within a period of sixty days from date of receipt/production of a copy of this order", Emphasis Supplied 6. In this backdrop, appellants cannot take decision of notional benefits when the order is very specific to the extent that necessary decision in this regard with all consequential monetary benefits must be taken by the Director. The same decision has been passed in number of cases including the present case. The appellants have taken their own time to publish the result with reference to completion of training course in the month of May, 2017. For no fault on the part of the respondents, denial of certain service and monetary benefits on behalf of the appellants would be arbitrary, therefore, the appellants have not made out a case so as to interfere with the impugned order of the learned Single dated 01.02.2021 passed in passed in CWJC No. 7938 of 2020." 6. It is further submitted that against the order passed by the Hon'ble Division Bench in LPA No. 456 of 2021 in the Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 9/10 case of Manoj Kumar (supra), the State authorities have moved before the Hon'ble Apex Court by filing Special Leave Petition (Civil) Diary No(s) 66035 of 2025 and the Hon'ble Apex Court has also declined to interfere with the impugned order. Accordingly, the Special Leave Petition preferred by the State got dismissed. 7. On the other hand, learned counsel for the State submits that since the issues have already been adjudicated and put at rest, therefore, all the petitioners may be directed to file individual representation, giving their service profile with all supportive materials before Respondent No.3/the Director, Primary Education, Government of Bihar, Patna within a period of six weeks from today and, on filing of such representation with all supportive materials and the judgments referred herein above, it is expected that Respondent No.3, shall consider the grievances of the petitioners and on finding their claim to be justified in law and as also in consonance with the parameters fixed by the Hon'ble Courts in the judgment rendered in the case of Manoj Kumar (supra), necessary order shall be passed within a further period of eight weeks and if the petitioners are found entitled to such benefits, the same shall also be extended to them within the same period, as stated above. Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026 10/10 8. With the aforementioned observations and directions, the writ petition stands disposed of in terms of the order passed today in CWJC No.3067/2026. perwez (Ajit Kumar, J) U