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Patna High CourtCWJC/3809/2026disposed

Bindeshwari Prasad Yadav @ Vindeshwari Yadav v. The State Of Bihar

2026-03-23Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3809 of 2026 ====================================================== Bindeshwari Prasad Yadav @ Vindeshwari Yadav Son of Late Kalar Yadav, Resident of village- Bhantranha, P.S.- Ghailarh, District- Madhepura. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The Regional Deputy Director of Education, Kosi Division, Saharsa. 4.

The District Education Officer, Saharsa.

5.

The District Program Officer (Estasblishment), Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prasoon Kumar, Adv.

Mr. Pramod Mishra, Adv.

For the Respondent/s :

Mr. U.S.S. Singh, GP19 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-03-2026 The writ petition has been filed for the following relief:- "1. a) To Issue a writ in the nature of Mandamus directing the respondents to grant the benefit of Matric Trained Pay Scale to the petitioner on the basis of completion of one-year in-service training from Government Teacher Training College, Saharsa, and to fix his pay accordingly from the date of entitlement;

b) Issue a writ directing the respondents to revise the petitioner's pension, gratuity and all consequential retiral benefits on the basis of Matric Trained Pay Scale;

Patna High Court CWJC No.3809 of 2026(2) dt.23-03-2026 2/3 c) Direct the respondents to pay the arrears of salary and retiral dues along with statutory interest @ 9% per annum, in parity with the judgment passed in CWJC No. 13483 of 2015 (Rajendra Prasad Mehta vs. State of Bihar);

d) Declare that denial of Matric Trained Pay Scale to the petitioner, despite granting the same to similarly situated teachers, is arbitrary, discriminatory and violative of Article 14 and 16 of the Constitution of India."

2. Counsel for the petitioner submits that the petitioner has filed this writ application for grant of benefit of Matric Trained Pay-scale on the basis of completion of one year in service training from the Government Teachers Training College, Saharsa and to fix his pay accordingly from the date of entitlement.

3. It is next submitted that the issues have already been put at rest and is covered by the order dated 07.04.2022 passed in the case of Kamleshwari Prasad Yadav Vs. The State of Bihar & Ors. (CWJC No. 1528 of 2017 and other analogous cases), which has been passed, relying upon the judgment rendered by the Co-ordinate Bench in the case of Sitaram Ram Vs. The State of Bihar & Ors. (CWJC No. 18410 of 2013).

4. On the other hand, counsel for the State submits that if the petitioner has already obtained the requisite training and since

Patna High Court CWJC No.3809 of 2026(2) dt.23-03-2026 3/3 the issue has already been adjudicated by this Court in the case of Sitaram Ram (supra) and the petitioner's case also falls within the parameter of the said case, the authorities concerned may be directed to take a final decision for grant of pay-scale and the benefits thereof.

5. Considering the aforesaid submissions of the parties, this Court finds it appropriate that the petitioner would be filing a detailed representation with all supportive materials and, as also, the judgment referred in this case within a period of four weeks from today and upon filing of such representation, the necessary order shall be passed within a period of eight weeks from the date of filing of the representation and, after adjudication, if it is found that the petitioner is entitled to such benefits, the same shall also be extended to him within the same period of eight weeks.

6. The writ petition is accordingly disposed of. (Ajit Kumar, J) rishi/- U