Manoj Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2599 of 2026 ====================================================== 1.
Manoj Kumar Gupta Son of Shankar Sah, Resident of village and P.O.- Mujararh, P.S.-Nokha, Distt.-Rohtas, at Present Posted at N. P.S. Noniyadih, Rohtas.
2.
Jawed Akhter Son of Zahir Hussain, Resident of village-Kudari, PostDhawphokhar, P.S.-Karamchat, Distt.-Kaimur, At Present posted at Primary School Kohkar under Block-Kochas, Distt.-Rohtas. 3.
Arun Kumar Pandey Son of Ramuna Pandey, Resident of village- and P.O.- Sohagi (Darihat), P.S.-Nasriganj, Distt.-Rohtas At Present posted at Middle School Karpurwa, Sasaram Distt.-Rohtas.
4.
Sanjay Kumar Singh Son of Ram Awadh Singh, Resident of village and P.O.-Jamuniapur, P.S. Chandauli, Distt.-Chandauli Utter Pradesh-Pin232104, At Present Middle School Parmdihaunder Block-Dawath, Distt.- Rohtas 5.
Shruti Divya D/O-Pandey Jagdishwar Prasad Resident of village and P.O.- Baraila, P.S.-Sheosagar, Distt.-Rohtas, At Present Posted at Middle School Leruna Block-Sasaram, Distt.-Rohtas.
6.
Amit Kumar Singh Son of Jitendra Singh, Resident of village and P.O.- Kanchanpur P.S.-Sasaram, Distt.-Rohtas, At Present Posted at Primary School Ramdas Bigha Block-Sasaram, Distt.-Rohtas. 7.
Anamika Pathak son of Purushottam Pathak, Resident of VillageMishravalia, P.O-Pachpokhari P.S. Baghalila Distt. Rohtas, At Present Posted at Primary School Khaira-2 Block-Sasaram Distt.-Rohtas. 8.
Anju Kumari Daughter of Mabgleshwar Jha, Resident of Village-Lebura, P.O.-Banjari Block-Rohtas, Distt.-Rohtas, At Present M.S. Akabarpur, Rohtas.
9.
Kunal Sharma S/O-Rajeshwar Prasad Sharma, Resident of village- Muriar, P.O.-Muriar, P.S.-Akhori Gola, Distt.-Rohtas, At Present Posted at M.S. Bharuhi Distt.-Rohtas.
10.
Jawed Ahmad Shibli S/O- Md. Naimuddin, Resident of Mohalla- Alinagar Tikri Road P.S.- Aurangabad Distt and Town.-Aurangabad, At present Posted at Middle School Sundarganj, Rohtas.
11.
Vikash Kumar Rai S/O-Sudarshan Rai, Resident of village- Bhaisahi P.O.- Karup P.S-Sasaram, Distt.-Rohtas, At Present Posted at Primary School Gobina Block-Sasaram, Distt.-Rohtas.
12.
Ram Pravesh Singh S/O- Ram Jeetan Singh, Resident of Mohalla- and P.O.- Lakhanu Sarai, P.S.-Sasaram, Distt.-Rohtas, At Present Posted at Primary School Khaira Sasaram Rohtas.
13.
Vijay Narayan Singh S/O- Surya Nath Singh, Resident of village-Khodhary P.O.-Dighata, P.S.-Kochas, Distt.-Rohtas, At Present Posted At Primary School Mosahepur Sasaram Rohtas.
14.
Sweta Singh D/O-Mundrika Singh Resident of village-New Ara, P.S.- Sasaram, Distt.-Rohtas At Present posted at Govt. Primary School Semara Block-Sasaram, Distt.-Rohtas.
2/7 15.
Girish Narayan Mishra S/O-Ramjee Mishra, Resident of village and P.O.- Itadhiyan, P.S.-Karakat, Distt.-Rohtas, At Present posted at Primary School Paisara Block-Sasaram Distt.-Rohtas.
16.
Abdul Hamid D/O-Abdul Gafur Ashrafi, Resident of Village- Lurgumi Kalan P.O.-Durup P.S.-Netarhat, Distt -Laterhat Jharkhand, At Present Posted at Middle School Amara Talab Block-Sasaram Distt.-Rohtas. 17.
Manoj Kumar Singh S/O- Ram Badan Singh, Resident of village-Babuganj English P.O.-Bisi Kalan, Distt-Buxar, At N. P.S. Mohanpur Block-Dinara Rohtas.
18.
Chaman Lal S/O-Chhotak, Resident of village- and P.O.-Maniyar Distt.- Balia Utter pradesh, At Present posted at Middle School Dhabachhua BlockKochas Rohtas 19.
Nityanand Mukesh S/O-Shiv Govind Ram, Resident of village-Barka Nuawan P.O.-Buxar Jail, Distt.-Buxar, At Present posted at Middle School Sora Block-Kochas Rohtas.
20.
Ved Prakash Yadav Son of Sidheshwar Nath Yadav, Resident of MohallaAdarsh Nagar Distt.-Buxar, At Present Posted at Primary School, Kanak Semariya Block-Kargahar Distt.-Rohtas 21.
Nitu Kumari D/o-Muni Lal, Resident of village-Chaita P.O.-Sianwak, P.S. Sanjhauli, Distt-Rohtas, At Present posted at Middle School Babhanaul Block-Dawath, Rohtas.
22.
Mahmood Alam S/O-Md. Hasan, Resident of village-Naraina P.O -Chandrakalithi, P.S.-Chenari Distt.-Rohtas, At Present Primary School Kavvakhoch Block-Kargahar Distt.-Rohtas.
23.
Sunil Kumar S/O-Baban Singh, Resident of village-Ward No.-6 Nai Bazar Distt. Buxar, At Present posted at Middle School Saisad Block- Dinara Rohtas.
24.
Rezwan Ahmed Khan @ Ziwan Ahmed Khan S/O- Aslam Khan, Resident at Mohalla-Near Madina Cottage Milki P.O.-Ara Chowk P.S.-Ara Town, Distt.- Bhojpur, At Present Posted at Upgraded Middle School Kasap, ward No.-4 Block-Udwant Nagar Bhojpu.
25.
Harendra Kumar Singh S/O-Sheo Dyal Singh, Resident of village-Belghat, P.O.-Belghat Baluan P.S.-Ara, Distt.-Bhojpur, At Present Posted at Primary School Belghat Ara Bhojpur.
26.
Rakesh Kumar Sinha S/O-Ram Nath Prasad Resident of Mohalla-Krishna Nagar P.O. and P.S.-Ara, Distt.-Bhojpur, At Present posted Primary School Majhauon Ara Bhojpur.
27.
Om Prakash Tiwari S/O-Bal Mukund Tiwari Resident of Mohalla-Yarpur Rajputana Road No.-1 P.S.-Gardani Bagh Distt. and Town-Patna, At Present posted at Primary School Karisath (Uttar Tola) Block-Udwant Nagar Distt.- Bhojpur.
28.
Tanweer Alam S/O-Mansoor Alam, Resident of Mohalla- Khetari Bank Colony P.O.-Ara P.S.-Ara Nagar Distt.-Bhojpur, At Present posted at Upgraded Middle School Milki Block-Udwant Nagar Bhojpur. 29.
Nemat Ali S/O-Mobarak Hussain, Resident Ward No.-02, Nasriganj Distt.- Rohtas, At Present posted at Primary School Sherpur Block- Akorhi Gola
3/7 Rohtas.
30.
Mritunjay Kumar Singh S/O-Saryu Singh, Resident of village- Baruna P.O.- Gamharia, P.S.-Akorhi Gola, Distt.-Rohtas, At Present Posted at Primar School, JatanBigha Block-Akorhi Gola Rohtas.
31.
Pankaj Kumar S/O-Bachcha Prasad Singh, Resident of village and P.O.- Bishnupur, P.S.-Bela, Distt.-Sitamarhi, At Present posted at Primary School Godharikanya Uttar Parihar Sitamarhi.
32.
Ram Pravesh Kumar S/O-Yogendra Rai, Resident of village- Demhua P.O.- Betha, P.S.-Parihar, Distt.-Sitamarhi, At Present posted at Middle School Rauahi Parihar Sitamarhi.
33.
Ram Ratan Ray S/O-Amiri Ray, Resident of village- Sirsiya Bazar, P.S.- Parihar Distt.-Sitamarhi, at Present Primary Adhagat Block-Parihar Sitamarhi.
34.
Sanoj Kumar Son of Suryanath Prasad, Resident of village- Bishunpura P.S.- Sasaram (M) Distt.-Rohtas, At Present Panchayat Teacher at Primary School Kushum Tola Rohtas.
35.
Pradip Kumar Son of Gopal Prasad Resident of village- ward No.-26 New G. T. Road Rajputana P.S.-Dehari-on-Sone, Distt.-Rohtas. At Present Panchayat Teacher at M. S. Susnar Block-Aurangabad Distt.-Aurangabad. 36.
Prashant Kumar Son of Ram Pratap Ray Resident of Mohalla New Area P.S. and Distt.-Aurangabad at Present Panchayat Teacher at R. M. S. Dhundhua Aurangabad.
37.
Vinita Kumari D/O-Himanshu Kumar Resident of Mohalla- Charkhambha Gali, Shivganj P.S. and P.O.-Ara Distt.-Bhojpur, At Present posted at U.M.S. Bihiya Bazar Bhojpur 38.
Santosh Kumar S/O-Kameshwar Singh Resident of village- Mahuli P.O.- Mirzapur P.S.-Mali Distt.-Aurangabad Bihar.
39.
Saurabh Kumar Sinha Son of Sriniwas Prasad Sinha Resident of Belanv, P.O.-Belanv P.S.-Shikroil, Distt.-Buxar, At Present Prakhand Teache at Upgraded Middlew School Teghara Block Bihia.
40.
Shalini Kumari D/O- Binod Kumar Jaiswal Resident of village- Raja Bazar Durgasthan P.S.-Bihia Distt.-Bhojpur, at Present posted as Prakhand Teacher at Upgraded Middle School Teghra Bihia.
... ... Petitioner/s
Versus
1.
The State of Bihar through its Addl. Chief Secretary Department of Human Resources Development Bihar Patna.
2.
The Addl. Chief Secretary Department of Human Resources Development Bihar Patna.
3.
The Director Primary Education Department Govt. of Bihar Patna. 4.
The Distt. Education Officer Rohtas.
5.
The Distt. Programme Officer Rohtas.
6.
The Distt. Education officer Ara, Bhojpur
4/7 7.
The Distt. Programme officer Ara Bhojpur.
8.
The Distt. Education officer Sitamarhi.
9.
The Distt. Programme officer Sitamarhi.
10.
The Distt. Education officer Aurangabad.
11.
The Distt. Programme Officer Aurangabad.
12.
The Distt. Education officer Buxar.
13.
The Distt. Programme Officer Buxar.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar No1, Adv For the Respondent/s :
Mr. Birju Prasad, Government Pleader (13) Mrs. Shweta Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-02-2026 Heard learned counsel for the petitioners and learned counsel for the respondent-State.
2. With the consent of both 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 following reliefs:
(i) For Directing the respondents No.-3 i.e. Director Primary Education Bihar Patna to give the Trained pay scale to the Petitioners from the date of their respective appointment, in the light of memo No.1790 dated 16.10.2024 as the petitioners claim is at par with the Petitioner of C.W.J.C. No.- 9416/2019.
(ii) For further be pleased to issue writ in nature of Mandamus directing to the
5/7 respondents No.-3 to make the payment of arrear of Salary calculated on the basis of the trained pay scale of the petitioners.
(iii) For further be pleased to issue any other appropriate writ/writs, order/orders, direction/directions or command/commands to respondents concern.
4. After advancing some argument, learned counsel for the petitioners submits that the case of the petitioners is similar to the case of one Satyendra Kumar Ojha, petitioner of CWJC No. 9416 of 2019 in which an order was passed on 04.03.2024 (Annexure-P/3) relegating the petitioner of the said case to file a representation before the Director, Primary Education, Department of Human Resource Development, Bihar along with a copy of the judgment passed in L.P.A. No. 1699 of 2013 and other relevant documents and the Director, Primary Education, Department of Human Resource Development, Bihar was further directed to pass a reasoned and speaking order after giving personal hearing to the petitioner of the said case. Learned counsel for the petitioners submits that similar liberty may be granted to the petitioners of this case also.
5. To the aforesaid prayer being made by learned counsel for the petitioners, learned counsel appearing for
6/7 respondent-State does not have any objection.
6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file a detailed representation before the Director, Primary Education Department Govt. of Bihar, Patna (respondent no. 3) along with a copy of the judgment passed in L.P.A. No. 1699 of 2013 and other relevant documents within a period of four weeks from today. The representation must be separately filed by all the petitioners. If such representations are filed within the stipulated time then the Director, Primary Education Department Govt. of Bihar, Patna (respondent no. 3) is directed to dispose of the same within a further period of six weeks from the date of filing of the representations, after giving an opportunity of personal hearing to the petitioners.
Needless to emphasize that the final order which shall be passed by the Director, Primary Education Department Govt. of Bihar, Patna (respondent no. 3) should be a reasoned and speaking order.
7/7 order.
7. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.
(Alok Kumar Sinha, J) kiran/- U