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2026 DAILYLAW 19197 (PAT)

Viswakrama Jee v. The State of Bihar

CWJC/7370/2026 · 2026-06-23

Alok Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7370 of 2026 ====================================================== 1. Viswakrama Jee S/o- Krisha Prasad, R/o- Parev, Pareo, P.O.- Pareo, P.S.- Bihta, District- Patna, presently posted at Utkramit Madhya Vidayalay, Bankat, P.S.- Shahpur, District- Bhojpur. 2. Jay Prakash Singh Kushwaha, S/o- Ravindra Ram Kushwaha, R/o Village Badaki Sarimpur, P.O - Sarimpur, P.S. - Buxar, district - Buxar, presently posted at Prathmik Vidyalay Ghurhurpur, P.S.-Brahampur, District - Buxar. 3. Md. Jayaul Rahaman, S/o- Md. Shamim Ahmad, R/o village Sikrahata Khurd, P.O.- Sikrahata Kalan, P.S.- Sikrahata tarari, district - Bhojpur, presently posted at Utkramit Madhya Vidayalay, Bishambharpur, tarari, Bhojpur. 4. Md. Aquil Equbal, S/o- Md. Khairuddin Ansari, Village- Sikrahta Khurd, P.O.- Sikrahta Kala, P.S.- Sikrahta Kala tarari, district- Bhojpur, presently posted at New Prathmik Vidyalay Purvi Tola, Bagar. 5. Bhoopesh Gupta, S/o- Dukkhi Ram, R/o village Manikpur, Kote, P.O.- Karanda, P.S.- Karanda, district Ghazipur, Uttar Pradesh, Presently posted at Utkramit Madhya Vidayalay, Chanda, P.S. Shahpur, district - Bhojpur. 6. Ravi Ranjan Prasad, S/o- Arun Kumar Srivastava, Resident of village- Jai Hind Colony, M.P. Bagh, Arrah, P.S.- Town Thana Ara, district- Bhojpur, Presently Posted at Urdu Prathmik Vidayalay, Agarsang, Ara, Bhojpur. 7. Sonu Kumar Singh, S/o- Kedar Nath Singh, Village and Post- Madansath, Mansath, P.S.- Daudpur, Dist.- Saran, Presently posted at- Madhya Vidyalay Danwa, P.S.- Jagdishpur, Dist.- Bhojpur. 8. Madhu Priya, W/o- Mukesh Kumar, R/o- Sahar tola, Sahar, Bhojpur, P.S.- Sahar, Dist.- Bhojpur, Presently Posted at Urdu Prathmik Vidayalay, Aspura Vikram, Patna. 9. Mahenoor Nisha, W/o- Md. Merajuddin, R/o- Ward No.- 02, Unchri, Garhwa, P.S.- Dist.- Garhwa, Jharkhand, Presently posted at Madhya Vidyalay Dulaur, P.S.- Jagdishpur, Dist.- Bhojpur. 10. Tabassum Parween, W/o- Irfan Pavez, Resident of C.K. marg mosque, Tari Mohalla, P.S.- Chainpur, Dist.- Patna, Presently Posted at Prathmik Vidayalay, Chainpura, P.S.- Naubatpur, Dist.- Patna. 11. Ajay Shanker Pandey, S/o- Rajendra Pandey, Resident of Village- Kritpura, P.O.- Birampur, P.S.- Gidha, district - Bhojpur, Presently posted at Utkramit Madhya Vidayalay, Panditpur, Barahara, P.S.- Barahara, district - Bhojpur. 12. Gajendra Kumar, S/o- Soudagar Ray, R/o village - Chanda, P.S.- Koilwar, district -Bhojpur, Presently posted at NPS, Tetariya, Shahpur, district - Bhojpur. 13. Ezazuddin, S/o- Mohammad Shoaib, R/o village- Mau, Dhaneshpur, Dakshin Mohalla, Vidyapati Nagar, P.S.- Vidyapati Nagar, district -Samastipur, presently posted at Prathmik Vidyalaya, Hukaha, Buxar. Patna High Court CWJC No.7370 of 2026(2) dt.23-06-2026 2/6 14. Sanjay Kumar Singh, S/o- Ram Pravesh Singh, R/o Village Harkhu Tola, P.O- Kharaw Kala, P.S.- Sahar, District - Bhojpur, presently posted at Madhya Vidayalay, Sikaria, Bihia, district- Bhojpur. 15. Rachna Kumari, D/o- Sribhagwan Singh, R/o- Babu Bazar Road, Behind Mohan Cinema Hall, P.S. - Ara Town, district - Bhojpur, presently posted at N.P.S. Rampur West (Barahara), District- Bhojpur. 16. Sarfraj Ahmad, S/o - Quish Ansari, Village - Bhagalpur, Ward No. 23, P.O.- Piro, P.S. - Piro, District Bhojpur, Presently Posted at Rajkiy Buniyadi Vidyalay Rajeyan, P.S.- Piro, District - Bhojpur. 17. Shahid Ahmad, S/o- Md. Mazhar Hussain, R/o- Mansa Pandey bagh, P.S. - Ara Town, Arrah, District- Bhojpur, Presently posted at Utkramit Madhya Vidyalay Sundra, P.O.- Barnaon, P.S. - Ayer, Jagdishpur, District - Bhojpur. 18. Awadhesh Kumar Singh, S/o- Kawal Singh, R/o Village- Khirikon, P.O.- Tar, Kheri Kon, P.S.- Agiaon Bazar, District Bhojpur, Presently posted at Urdu Prathmik Vidyalay, Bhagalpur, Piro, P.S. - Piro, District- Bhojpur. 19. Rana Ajit Kumar, S/o- Lal Bahadur Singh, R/o- 23 G, Paschim Tola, Arrah, P.S.- Ara Town, Presently posted at Madhya Vidyalaya Jangaldawa, Jagdishpur, district- Bhojpur. 20. Irfanul Hassan Quadri, S/o- Salimul hassan Quadri, R/o - Chodhariyana, Arrah, P.S- Town Thana Ara, district- Bhojpur, presently posted at NPS, Manachak, Koilwar, P.S. Koilwar, District-Bhojpur. 21. Reena Ojha, W/o- Dhiraj Kumar Mishra, R/o- Nayka Tola, Ward no. 13, Opposite Bharat Petrol Pump, P.O.- Jagdishpur, P.S. - Jagdishpur, district Bhojpur, Presently posted at New Prathmik Vidyalay, Hridaypur English Jagdishpur, P.S. Jagdishpur, District - Bhojpur. 22. Priyanka Kumari, D/o- Vishwanath Tiwari, R/o- Jagdev Path, Trimurti Mandir se Uttar bazar samiti, Jagdev Nagar, Arrah, district Bhojpur, presently posted at Naya Prathmik Vidyalay, Rani Sagar, Dillapar. 23. Dhananjay Kumar Pandey, S/o- Late Ram Nath Pandey, R/o- Near Kali mandir, Ram Shahar, P.S.- Barahara, District- Bhojpur, presently posted at Plus- 2 Utkramit Uch Vidayalay, Lasari, Agiaon, District- Bhojpur. 24. Arun Kumar Sharma, S/o- Ajay Kumar Sharma, Resident of village Shiv mandir Danapur cantt. Turha Toli, Danapur Cantt. P.S. - Shahpur, District Patna, presently posted at Naya Prathmik Vidyalay Sandesh (Nattola), P.S.- Sandesh, district Bhojpur. 25. Sushma Kumari, W/o- Sushil Kumar Singh, Village Mahinawa Tola Maner, P.S.- Maner, district- Patna, presently posted at Utkramit Madhya Vidayalay, Lasadhi Agiaon, district- Bhojpur. 26. Rinkuri Kumari, D/o- Sheo Shankar Prasad, R/o- Hasan Bazar, Katar, P.S.- Hasan bazar, district Bhojpur, presently posted at Madhya Vidayalay, Narayanpur, P.S. -Hasan bazar, district Bhojpur. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna. Patna High Court CWJC No.7370 of 2026(2) dt.23-06-2026 3/6 2. The Principal Secretary, Department of Finance, Government of Bihar, Patna. 3. The Director Primary Education, Bihar Patna. 4. The District Education Officer, Bhojpur, Ara. 5. The District Education Officer, Buxar. 6. The District Education Officer, Patna. 7. The District Programme Officer (Establishiment), Bhojpur, Ara. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Amarendra Kumar For the State Mr. Standing Counsel 08 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 23-06-2026 Heard learned counsel for the petitioners and learned counsel appearing for the respondent-State. 2. With the consent of the parties, this writ application is being disposed of at this stage itself. 3. In the present writ application, the petitioners have prayed for the grant of the following reliefs:- “(I) To issue writ of mandamus directing the respondents to shift back the date of Trained Teacher's pay scale to the petitioners, from the date of passing B.Ed or from the date of appointment as Primary Teacher whichever is later in-stead of date of passing 6 months bridge course (11.06.2019). (II) To issue writ of mandamus for payment of arrear of difference of salary with statutory interest for delayed payment and all other consequential benefits, calculating service of Patna High Court CWJC No.7370 of 2026(2) dt.23-06-2026 4/6 Petitioners as trained in light of passing B.Ed in place of date of passing 6 month bridge course III) To issue writ of mandamus directing the respondents to grant same and similar relief as provided in case of one similarly appointed Primary Teacher for class 1-5, Mr. Satyendra Kumar Ojha, vide Memo no. 1790, dated 16.10.2024, (Annexure-P/1) in light of order passed in CWJC no. 9416/2019, relied upon LPA no. 1699 of 2013, affirmed by Hon'ble Apex Court vide S.L.P. (Civil) Diary no. 37663/2018. (IV) For further be pleased to issue writ in nature of Mandamus direction to the respondents No. 3 to make the payment or arrear of Salary Calculated on the basis of the trained pay Scale of the Petitioners. (V) To issue any other writ(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 4. After advancing some argument, learned counsel for the petitioners submits that for seeking the aforesaid relief(s), the petitioners have already file a representation dated 05.01.2026 (Annexure-8 series), which is pending. He, therefore, submits that the petitioners would be satisfied if an appropriate direction could be issued to the Director, Primary Education, Bihar, Patna (respondent no.3) to dispose of the pending representation of the petitioners within a fixed time- Patna High Court CWJC No.7370 of 2026(2) dt.23-06-2026 5/6 frame, after giving an opportunity of hearing to the petitioners. 5. To the aforesaid submission made by the learned counsel appearing for the petitioners, learned counsel appearing for the respondent-State does not have any objection. 6. Considering the limited nature of the prayer made by learned counsel for the petitioners, this writ application is disposed of, directing the Director, Primary Education, Bihar, Patna (respondent no.3) to dispose of the pending representation of the petitioners dated 05.01.2026 (Annexure-8 series) within six months from the date of receipt/production of a copy of this order, after giving an opportunity of hearing to the petitioners. 7. Needless to emphasize that the final order, which shall be passed by Director, Primary Education, Bihar, Patna (respondent no.3), should be a reasoned and speaking order. It is further clarified that if the petitioners are found entitled to the reliefs, which the petitioners are claiming through the representation, the same should be extended to the petitioners within a further period of three months from the date of passing of the final order by Director, Primary Education, Bihar, Patna (respondent no.3). 8. With the aforesaid observation/direction, the present writ application stands disposed of. Patna High Court CWJC No.7370 of 2026(2) dt.23-06-2026 6/6 9. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. HR/- (Alok Kumar Sinha, J) U