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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7704 of 2025 ======================================================
1. Rajeev Ranjan, S/o Mahesh Prasad Sharma, R/o Village P.O. Maheshadih, P.S. Banka, District Banka, at present working as Block Teacher at Government Upgraded Middle School, Kajhiya, Block Banka, District - Banka. 2. Avdhas Kumar Mandal, S/o Krishnadev Mandal, R/o Village - Dubouni, P.O. - Rajpur, P.S. Amarpur, District - Banka, at present working as Block Teacher at Government Upgraded Middle School, Faga, Block - Bausi, District - Banka. 3. Arti Prabha, D/o Ran Vijay Kumar Singh, W/o Awinash Kumar, R/o Village Milk P.O. Gangata More, P.S. Haweli Khadagpur, District Munger, at present working as Block Teacher at Government Upgraded Middle School, Faga, Block Bausi, District - Banka. 4. Satya Ranjan Das, S/o Dhaneshwar Das, R/o Village Pasiya, P.O. Sangrampur,, P.S. - Belhar, District - Banka, at present working as Block Teacher at Government Upgraded Middle School, Pasiya, Block - Belhar, District - Banka. 5. Neelam Bharti, D/o Narayan Hariom, W/o Ram Narayan Bhaskar, R/o Village - Khaddi, P.O. - Vijayhat, P.S. - Barahat, District - Banka, at present working as Block Teacher at Government Middle School, Bhorsar, Block Katoriya, District Banka. 6. Md. Shahanwaz Alam, S/o Md. Salamat Husain, R/o Village - Bidaydih, P.O. and P.S. and 3 District - Banka, at present working as Block Teacher at Government Rajkiya Buniyadi School, Chilkavar, Block -Rajoun, District - Banka. 7. Nishant Kumar, S/o Mahendra Prasad Sinha, Male, aged about 35 years, R/o Village Babu Tola Amarpur Road, Banka, P.O. and P.S. District - Banka, at present working as Block Teacher at Government Middle School, Bhitiya, Block Fullidumar, District - Banka. 8. Murari Kumar, S/o Raj Kumar Mandal, R/o At Krishna Bazar, P.O and P.S Havali, Kharagpur, District Munger, at present working as Panchayat Teacher at Government Newly Created Primary School, Koyalijor, Block - Belhar, District - Banka. 9. Suraj Kumar, S/o Kalyug Mandal, R/o Village Karanpur, P.O. and P.S. Shambhuganj, District Banka, at present working as Block Teacher at Government Middle School, Beldiha, Block Belhar, District - Banka. 10. Neha Kumari, D/o Ajay Kumar Verma, R/o Village Hirambi, P.O. Hirambi P.S. Dhoraiya, District Banka, at present working as Panchayat Teacher at Government Primary School, Jagay Block Banka, District - Banka. 11. Sneh Priyadarshi, S/o Amrendra Prabhakar, R/o Village and P.O Pathra, P.S.. Barahat.
District Banka, at present working as Block Teacher at Government Upgraded Middle School Narathari, Block - Fullidumar, District Banka. 12. Jaya Mishra, D/o Pramod Kumar Mishra, W/o Niraj Kumar Jha, R/o Village - Babu Tola Banka, P.O. P.S. Banka, District Banka, at present working as Block Teacher at Government Upgraded Middle School, Rajpur, Block
Patna High Court CWJC No.7704 of 2025(3) dt.02-09-2025 2/9 Amarpur, District Banka. 13. Murli Manohar Prasad, S/o Kuldip Narayan Pndit, R/o Village - Dasua, P.O. - Khesar, P.S. Belhar, District Banka, at present working as Block Teacher at Government Middle School, Samta, Block Fullidumar, District - Banka. 14. Shiv Kumar Choudhary, S/o Amrendra Prasad Choudhary, R/o Village Jagatpur, P.O. and P.S. and District - Banka, at present working as Block Teacher at Government Upgraded Middle School, Bora, Block Chandan, District - Banka. 15. Praveen Singh, S/o Nageshwar Prasad Singh, R/o Village Muradpur, P.O. Bamdeo, P.S. Rajoun, District Banka, at present working as Block Teacher at Rajkiya Middle School, Chandadih, Block Dhoraiya, District Banka. 16. Aman Kumar, S/o Bipin Bihari Choudhary, R/o Village and P.O. Rajoun, P.S. Rajoun, District Banka, at present working as Block Teacher at Government Upgraded Middle School, Durgapur, Block -Bausi, District - Banka. 17. Uday Kumar, S/o Kapildeo Rajak, R/o At Sachidanand Nagar, Hawai Adda, Jagdishpur,P.O and P.S-Tilkamanjhi, District - Bhagalpur, at present working as Block Teacher at Government Upgraded Middle School, Durgapur, Block - Bausi, District - Banka. 18. Pankaj Kumar, S/o Bhuvneshwar Yadav, R/o Village - Mahadeva, P.O. and P.S. Variyarpur, District Munger, at present working as Block Teacher at Government Upgraded Middle School Jhalar, Block Bausi, District - Banka. 19. Lalchand Yadav, S/o Bhola Prasad Yadav, R/o Village and P.O. Bhurbhuri, P.S. Bausi, District - Banka, at present working as Panchayat Teacher at Government Primary School, Dhovarna, Block - Bausi, District - Banka. 20.
Sandeep Kumar Gupta, S/o Binod Prasad Sah, R/o Village Jaipur, P.O. and P.S.- Jajpur, District- Banka, at present working as Panchayat Teacher at Government Newly Created Primary School, Udalkhut, Block- Katoria, District- Banka. 21. Mukesh Kumar Singh, S/o Dwijendra Prasad Singh, R/o Village Pithdauri, P.O. and P.S. Sultanganj, District Bhagalpur, at present working as Block Teacher at Government Upgraded Middle School, Pachrukhi, Block Belhar, District Banka. 22. Amit Kumar, S/o Late Awdhesh Kumar Singh R/o Village - Kokra Khas, P.O.-Belbadda, P.S. Balbada, District Godda, at present working as Block Teacher at Government Upgraded Middle School, Kalothar, Block Katoriya, District Banka. 23. Praween Kumar Jha, S/o Chiranjibi Prasad Jha, R/o Village Babu Tola, Banka, Ward No 15, Behind Cooperative Bank, Near Dr. C.S. Das, P.S. Banka, District Banka, at present working as Panchayat Teacher at Government Primary School, Vishwakarma Dhouri, Block - Belhar, District - Banka. 24. Pravin Kumar, S/o Arvind Kumar Yadav, R/o Village Bishouni, P.O. - Gangapur, P.S. Sultanganj, District Bhagalpur, at present working as Panchayat Teacher at Government Primary School, Vishwakarma Dhouri, Block Belhar, District Banka. Patna High Court CWJC No.7704 of 2025(3) dt.02-09-2025 3/9
25. Amresh Kumar, S/o Chandeshwari Yadav, R/o Village- Bhandar, P.O.- Khapra, P.S.- Tetiya Bambar, District- Munger, at present working as Panchayat Teacher at Government Primary School Vishwakarma Dhouri, Block- Behar, District- Banka. 26. Sangita Kumari, D/o Anil Pandit, W/o Raj Kumar, R/o Village Bara, P.O. - Belhar, P.S. Belhar, District Banka, at present working as Block Teacher at Government Middle School, Sahebganj, Block Belhar, District - Banka. 27. Sanjeev Kumar, S/o Ram Bilash Yadav, R/o Village Banbariya, P.O. Shyam Bazar, P.S. - Bausi, District - Banka, at present working as Block Teacher at Government Upgraded Middle School, Sarauni, Block - Bausi, District - Banka. 28. Ratnakar Kumar Dinkar, S/o Shyam Kishore Mishra, R/o Village - Delatoli Kokar, P.O. Bariatu, P.S. Sadar Ranchi, District present working as Ranchi, at Block Teacher at Government Upgraded Middle School, Budhighat, Katoria, Block- District Banka. 29.
Rajnish Kumar, S/o Makeshwar Mandal, R/o Village- Balarpur, P.O.- Kunouni, P.S. and District- Banka, at present working as Block Teacher at Government Upgraded Middle School Gorha, Block- Katoriya, District- Banka. 30. Prabhakar Kumar, S/o Umakant Mandal, R/o Village P.O. Barahouna, P.S. -Barahat, District Banka, at present working as Block Teacher at Government Upgraded Middle School, Baidachak, Block Barahat, District Banka. 31. Sumit Kumar, S/o Balbhadra Kanti, R/o Village - Saijpur, P.O. - Samukhiya More, P.S. and District Banka, at present working as Panchayat Teacher at Government Newly Created Primary School, Balarpur, Pasi Tola, Block - Banka, District - Banka. 32. Soni Kumari, D/o Panchanan Thakur, R/o At 121 Main Road, Dr. Sarkar Ki Gali Mai, Rajendra Nagar, P.O and P.S Godda, District - Jharkhand, at present working as Block Teacher at Government Upgraded Middle School, Aurawari, Block Barahat, District Banka. 33. Ranju Yadav, D/o Chandra Moleshwar Yadav, R/o Village Butaruadih, P.O. and P.S. Mohanpur, Chakarmain, District Deoghar, at present working as Panchayat Teacher at Government Primary School Mohani, Block Barahat, District - Banka. 34. Governdhan Pandit, S/o Dashrath Pandit, R/o Village and P.O.- Tengra, P.S. Belhar, District- Banka, at present working as Panchayat Teahcer at Government Newly Created Primary School Tetaria, Block- Fullidumar, District- Banka. 35. Moni Kumari, D/o Subodh Bhagat, W/o Mrinal Chandan, R/o Village and P.O. and P.S. Belhar, District - Banka, at present working as Panchayat Teacher at Government Primary School, Mathura, Block-Belhar, District - Banka. 36. Amit Kumar Anshu, S/o Vivekanand Yadav, Re/o Village- Dakra Satkhajuriya, P.O.- Herudiyara, P.S.- Nayaramnagar, District- Munger, at present working as Panchayat Teacher at Government Primary School, Khasadhola, Block- Fullidumar, District- Banka. Patna High Court CWJC No.7704 of 2025(3) dt.02-09-2025 4/9
37. Balmiki Kumar, S/o Atbari Tanti, R/o Village- Nayachhawni, P.O. and P.S.- Bariarpur, District- Munger, at present working as Block Teacher at Government Upgraded Middle School, Jhajha, Block- Fullidumar, District- Banka. 38.
Vishwajeet Kumar Azad, S/o Umesh Prasad Yadav, R/o Village P.O. P.S. Fullidumar, District Banka, at present working as Panchayat Teacher at Government Newly Created Primary School, Dhodri, Block Fullidumar, District - Banka. 39. Abinash Kumar, S/o Maheshwari Pandit, R/o Village Khajuri, P.O. Teliya Naugay, P.S. Fullidumar, District Banka, at present working as Panchayat Teacher at Government Primary School, Itwa, Block Fullidumar, District - Banka. 40. Rani Indira, D/o Pandit Jayanti, W/o Ravindra Kumar Pandit, R/o Village - Tola Nimiya, P.O. Nimiya P.S. Belhar, District - Banka, at present working as Block Teacher at Government Upgraded Middle School, Navi Bandh, Block Belhar, District Banka. 41. Ravi Shekhar Azad, S/o Maheshnand Tiwari, R/o Village and P.O. and P.S. Belhar, District Banka, at present working as Block Teacher at Amarpur, District Banka, at present working as Block Teacher at Government Upgraded Middle School, Karanpur, Block - Sambhuganj, District - Banka. 42. Sujita Roy, D/o Om Prakash Yadav, W/o Harihar Prasad Yadav, R/o Village- Nardah, P.O.- Kamdeodih, P.S.- Katoriya, District- Banka, at present working as Panchayat Teacher at Government Newly Created Primary School, Nilkothi, Block- Chandan, District- Banka. 43. Shiwsharan Kumar, S/o Jaldhar Yadav, R/o Village- Bhitthi, P.O.- Pararia, P.S.- Shambhuganj, District- Banka, at present working as Block Teacher at Government Middle school, sevagram Mohanpur, Block- Shambhuganj, District- Banka. 44. Ganesh Kumar, S/o Teknarayan Yadav, R/o Village- Nawapahri, P.O.- Baliyamahara, P.S. and District- Banka, at present working as Panchayat Teacher at Government Newly Created Primary School, Mathura, Block- Chandan, District- Banka. 45. Bijay Kumar, S/o Upendra Yadav, R/o Village- Bhimsen, P.O.- Mokduma, P.S.- Amarpur, District- Banka, at present working as Block Teacher at Government Upgraded Middle School, Karanpur, Block- Sambhuganj, District- Banka. 46. Nitesh Kumar, S/o Anil Kumar Singh, R/o Village and P.O. Pakariya, P.S. Sambhuganj, District Banka, at present working as Panchayat Teacher at Government Primary School, Etwa, Block Sambhuganj, District Banka. 47. Hena Praveen, D/o Md. Imamuddin, W/o Md.
Mashkoor Alam, R/o Village Aliganj Salik Road Banka, P.O. Banka, P.S. Banka, District Banka, at present working as Block Teacher at Government Upgraded Middle School, Jhirwa, Block Banka, District - Banka. 48. Md. Mashkoor Alam, S/o Mohammad Serajuddin, R/o Village Tetaria, P.O. Rahmandih, P.S. Dhoraiya, District - Banka, at present working as Block Teacher at Government Upgraded Middle School, Chutiya, Block - Banka, District - Banka. Patna High Court CWJC No.7704 of 2025(3) dt.02-09-2025 5/9
49. Visheshwar Kumar, S/o Sundar Singh, R/o Village Bajnathpur, P.O. and P.S. and District Banka, at present working as Panchayat Teacher at Government Newly Created Primary School Bholkibandh, Block Banka, District Banka. 50. Chandan Bharati, S/o Tapeshwasr Modi, R/o Village Rajawara, P.O - Katoria P.S. Katoriya, District Banka, at present working as Panchayat Teacher at Government Primary School, Kataun, Block Chandan, District - Banka. ... ... Petitioner/s Versus
1. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna. 2. The Director, Primary Education, Education Department, Government of Bihar, Patna. 3. The District Education Officer, Banka, District - Banka. 4. The District Programme Officer, Establishment (Education), Banka, District- Banka. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar, Adv. For the Respondent/s : Mr. Government Pleader (06) ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 02-09-2025 Heard the parties. 2. The petitioners before this Court were respectively appointed as a Panchayat Teachers and Block Teachers in pursuant to Bihar Panchayat Elementary Teachers (employment and Service Condition) Rule, 2006. Despite having completed in-service teachers training course in Diploma in Elementary Education (In short D.El.Ed.) in Sessions 2014-16, 2015-16 and 2016-18 and passed their examination on 19.01.2019, till date they have not been allowed the benefit of grade pay of trained teacher with effect from the date of completion of their training,
Patna High Court CWJC No.7704 of 2025(3) dt.02-09-2025 6/9 hence, invoked the jurisdiction of this Court by filing the present writ petition. 3. Learned Advocate for the petitioner submitted that the issue with regard to the admissibility of the benefit (grade pay) of trained teacher had come up for consideration before this Court in C.W.J.C. No. 16165 of 2019 (Kishor Kumar and Others vs. The State of Bihar and Ors.) where the Court having considered all the aspect of the matter vide its order/judgment dated 09.08.2019 directed that 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; with further direction that necessary decision in this regard with all consequential monetary benefits must be taken by the Director, Secondary Education within a period of 60 days from the date of receipt/production of a copy of this order. 4. In pursuant to the afore-noted decision, the Director, Primary Education, Government of Bihar has come out with order contained in memo no. 547 dated 22.06.2020 whereby the notional benefit has been granted since the date of completion of two years in-service teachers training and monetary financial benefit has been granted since the date of publication of the result. This issue again gave rise to a further
Patna High Court CWJC No.7704 of 2025(3) dt.02-09-2025 7/9 litigation in C.W.J.C. No. 7938 of 2020 and the challenge is made to the order contained in memo no. 547 dated 22.06.2020. A Bench of this Court vide order dated 01.02.2021 has been pleased to quash the order dated 22.06.2020 and directed to ensure that the petitioners are paid pay scale/grade pay, which they are entitled to, from the date of completion of teachers training course and not from the date of publication of the result.
5. The aforesaid order passed by the learned Single Judge of this Court was put to challenge by filing L.P.A. No. 456 of 2021. However, in the mean time, some of the persons approached this Court in C.W.J.C. No. 1894 of 2021 (Mitendu & Ors. vs. The State of Bihar & Ors.), and in pursuant to the direction of the Court, when the petitioners of the said writ petition approached before the respondent authorities, they have been allowed the benefit of grade pay of trained teachers with effect from the date of completion of the teachers training, however, subject to the final outcome of the L.P.A. No. 456 of
2021. 6. Mr. Mrityunjay Kumar, learned Advocate for the petitioner submitted that the challenge to the decision passed by the learned Single Judge in L.P.A. No. 456 of 2021 came to be turned down and it stands dismissed vide order/decision dated
Patna High Court CWJC No.7704 of 2025(3) dt.02-09-2025 8/9 03.04.2025 as follows:-
“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.”
7. On the other hand, Mr.
Prabhat Ranjan, learned advocate for the State submitted that as has been informed that some of the petitioners have been appointed as Exclusive Teachers, whereas some of them are Head Teachers at primary school, therefore, for the proper consideration all of them may be directed to file a separate representation for redressal of their grievance. Patna High Court CWJC No.7704 of 2025(3) dt.02-09-2025 9/9
8. Having considered the submissions set forth and taking note of the settled position giving quietus to the issue with regard to payment of grade pay of trained teachers with effect from the date of completion of their training, this Court thinks it apt and proper to dispose off the writ petition with a direction to the respondent no. 2, the Director, Primary Education, Education Department, Government of Bihar, Patna to consider the representation of the petitioners and disposed off in the light of the decisions referred hereinabove, preferably within a period of 8 weeks’ from the date of receipt/production of a copy of the representation filed by the petitioners, which exercise must be completed within a period of 2 weeks. 9. With the aforesaid direction, the writ petition stands
disposed.
supratim/- (Harish Kumar, J) U