Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6983 of 2025 ====================================================== 1.

Anil Kumar son of Late Kamla Sharma, Resident of Village-Banauta Mukund, Parsa, P.S.-Parsa, District-Saran. Presently Posted as Trained Graduate Teacher (T.G.T.) at Middle School, Bhabhangawan, Parsa, Saran. 2.

Raj Kishore Kumar, son of Late Shatrudhan Ram, Resident of VillageBaksanda, P.S.-Parsa, District-Saran. Presently Posted as Trained Graduate Teacher (T.G.T.) at Upgraded Middle School, Samastpura, Parsa, Saran. 3.

Vivek Kumar Verma, son of Late Vinod Kumar Verma, Resident of VillageParsauna, P.S.-Parsa, District-Saran. Presently Posted as Trained Graduate Teacher (T.G.T.) at Middle School, Baharmarar, Parsa, Saran. 4.

Prabhat Kumar Singh, son of Late Rajdeo Singh, Resident of VillageJamalki, P.S.-Parsa, District-Saran. Presently Posted as Trained Graduate Teacher (T.G.T.) at Upgraded Middle School, Chainpur Tole, Pachlakh, Parsa, Saran.

5.

Jitendra Kumar, son of Late Shilanath Prasad, Resident of Village-Abhiman Dhorlahi, P.S.-Parsa, District-Saran. Presently Posted as Assistant Teacher (Matric Trained Scale) at Primary School, Pachlakh, Parsa, Saran. 6.

Bijendra Kumar Pandit, Son of Late Yodha Pandit, Resident of VillageKarcholiya, P.S.-Panapur, District-Saran. Presently Posted as Assistant Teacher (Matric Trained Scale) at Primary School, Bijauli, Panapur, Saran. 7.

Suchindra Kumar Yadav, Son of Late Ramji Prasad Yadav, Resident of Village-Fatehpur, P.S.-Parsa, District-Saran. Presently Posted as Assistant Teacher (Matric Trained Scale) at Primary School, Pokharpur, Parsa, Saran. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

4.

The Director, Primary Education, Government of Bihar, Patna. 5.

The District Magistrate, Saran.

6.

The Regional Deputy Director of Education, Saran Division, Saran. 7.

The District Education Officer, Saran.

8.

The District Programme Officer (Establishment), Saran. ... ... Respondent/s ====================================================== Appearance :

2/4 For the Petitioner/s :

Mr.Jagjit Roshan Mr. Anjani Kumar Mr. Jayant Kumar Ray For the Respondent/s :

Mr.Standing Counsel (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2025

1. Heard learned Counsel for the parties concerned.

2. The petitioners, who were appointed as Assistant Teachers in the Primary Schools, at Saran, on compassionate ground in untrained scale of 3050-4590, have filed the present writ application for grant of matric trained scale on the ground that the petitioners have completed in-service training and have been granted matric trained certificate between 2007 and 2011, as mentioned in Annexure P/5 series.

3. Learned Counsel for the petitioners submits that similar issue for grant of matric trained scale after completion of three years of service as matric trained teachers came before this Court in CWJC No. 7322 of 2017 (Abdus Samad v. The State of Bihar and Others) and on the basis of decision in the case of Abdus Samas, various other writ applications were disposed by co-ordinate Bench of this Court, in CWJC No. 3683 of 2020 and CWJC No. 13734 of 2012.

4. Learned Counsel next submits that the petitioners have

3/4 filed their representation before the District Education Officer, Saran/District Programme Officer, Saran, vide Annexure P/15 series, but the same is pending since 2024.

5. Learned Counsel for the State submits that the District Programme Officer may be directed to dispose the representations of the petitioners in the light of the decision in the case of Abdus Samad and other cases within a reasonable time frame.

6. Having heard learned Counsel for the parties concerned and taking into consideration the nature of prayer made in this writ application, the same is disposed with direction to the respondent no. 8-the District Programme Officer, Saran, to dispose the representations of the petitioners in the light of the aforesaid decisions by speaking orders within a period of three months from the date of receipt/production of a copy of this order.

7. Needless to say that if the petitioners are found eligible for matric trained scale, the pecuniary benefit arising out of the same shall be paid to the petitioners within a further period of two months from the date of disposal of their representations.

8. With the aforesaid observation and direction, this writ

4/4 application is disposed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √