Naresh Kumar, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10998 of 2025 ====================================================== 1.
Naresh Kumar, Son of Yogeshwar Mahto, Resident of Village- Konipar, Post Office- Dighari, Police Station- Suryagarha, District- Lakhisarai, Pin Code811106 2.
Ranjan Kumar, Son of Rajendra Paswan, Resident of Shivchak, Post Office. Chandmari, Police Station- Shahpur, District- Patna. At present posted as Headmaster Middle Imamganj, Disttrict- Gaya. School Nauakhap, 3.
Dev Nanda Ram, Son of Prasadi Mochi, Resident of Village- Isanganj, Post Office- Kothi, Disttrict-Gaya. Presently posted as Headmaster, Middle School- Dewariya, Imamganj Gaya.
4.
Shrawan Kumar, Son of Vikash Ram, Resident of Vishrampur, Police Station- Imamganj, District-Gaya. Presently posted as Headmaster Chotka Karasan, Imamganj, District- Gaya.
5.
Mohan Ram, Son of Jagdish Ram, Resident of Jagatpur, Police StationBhadwan, Dumariya, Gaya. 6.
Lalit Kumar, Son of Ram Dev Prasad, Resident of Raniganj Imamganj, Gaya. Presently posted as Headmaster Middle School Bahera, Chuawar, Imamganj, District- Gaya.
7.
Shivratan Ram, Son of Late Keshar Ram, Resident of Jharha, Post OfficeImamganj, District- Gaya. Presently posted as Headmaster Middle School Khadirganj, Imamganj, Disttrict- Gaya.
8.
Ashok Kumar Sinha, Son of Radha Krishna Kumar, Resident of Harjat Sai, Police Station-Dhanarua, District- Patna. At present posted as Headmaster Middle School Karhani, Dumariya, Gaya.
9.
Girish Thakur, Son of Shri Arjun Thakur, Resident of Village- Bihta, Post Office- Billo, Block-Lakhisarai, Police Station- Ramgar Chowk, DistrictLakhisarai. At present Headmaster KMS Malhari, Imamganj, Gaya. 10.
Sudarshan Prasad, Son of Yadunandan Prasad, Resident of Pakardih, Police Station-. Imamganj, District- Gaya. Presently posted as Assistant teacher Primary School Pathra No. 3, Imamganj, Gaya.
11.
Krishnandan Kumar, Son of Kameshwar Prasad, Resident of Masoma Khudra, Post Office-Wargandhan, Police Station- Mufasil, Disttrict-Gaya. Presently posted as Shila Tankuppa, Dist. Gaya. 12.
Ranapratap Paswan, Son of Ram Lakhan Paswan, Resident of Akurhawa, Post Office- Makhdumpur, Police Station-Tankuppa, Distinct- Gaya. Presently posted at Middle School Barsauna, Tankuppa, District- Gaya. 13.
Binay Paswan, Son of Kuleswar Paswan, Resident of Siriyawa (Vaidchak), Police Station and Post Office- Mohanpur, District- Gaya. Presently posted as Headmaster Middle School Hatiyar, Bodh Gaya. 14.
Chandra Shekhar Ajaz, Son of Late Ram Keshwar Paswan, Resident of Village- Dhamna, Post Office-. Dangra, Police Station- Mohanpur, DistrictGaya. Presently posted as Headmaster Middle School Belarpur, Mohanpur, Gaya.
15.
Satendra Paswan, Son of Badrinath Paswan, Resident of Baramoriya, Post
2/6 Office- Pidasin, Police Station- Dhobhi, District- Gaya. Presently posted as Headmaster Kurmawan, Police Station-. Dhobhi, Gaya. 16.
Photo Kumar Nirala, Son of Devnandan Prasad, Resident of Guriya, Post Office- Pakri Guriya, Police Station-. Imamganj, Dist. Gaya. Presently posted as Headmaster Middle School Shrinagar, Baijubigha, Bodh Gaya. 17.
Kundan Kumar Mastana, Son of Late Suresh Chandra Prasad, Resident of Nutan Nagar, Post Office- Chandchaura, Police Station- Civil Line, Dist. Gaya.
18.
Bindu Rani, Wife of Kundan Kumar Mastana, Resident of Nutan Nagar, Post Office-Chandchaura, Police Station- Civil Line, Dist. Gaya. Presently posted as Headmaster Middle School Nima Town Block, District- Gaya. 19.
Shankar Prasad, Son of Janki Sao, Resident of Tilaya, Police Station- Bake Bazar, District- Gaya. Presently posted as Headmaster Middle School Nauhar at Bake Bazar, District- Gaya.
20.
Indradeo Ravidas, Son of Jehan Ravidas, Resident of Village- Pachrukhiya, Post Office- Sakdiha, Policde Station- Rausanganj, District- Gaya. Presently posted as Headmaster Middle School Lemboiya at Bake Bazar, DistrictGaya. 21.
Jitendra Kumar, Son of Sukdev Choudhary, Resident of Diguriya (Tilaya), Post Office- Tilaya at Bake Bazar, Dist. Gaya. Presently posted as Headmaster Middle School Nawadiha, Bake Bazar, Gaya. 22.
Dilip Chowdhary, Son of Rajendra Chowdhary, Resident of Baniyadiha, Post Office- Shreerampur, Police Station- Sherghati, District- Gaya. Presently posted as Headmaster Middle School Baital at Bake Bazar, District-- Gaya.
23.
Arvind Kumar, Son of Ram Ratan Singh at Mustafabad, Hanuman Nagar, Police Station-Rampur, District- Gaya. Presently posted as Headmaster Middle School Turibujung at Bodh Gaya, District- Gaya. 24.
Ram Swaroop Singh, Son of Late Kapildev Singh, Resident of Jondhi, Police Station- Bake Bazar, District- Gaya. Presently posted as Headmaster Middle School Manjari Khudra, Block- Bake Bazar, District- Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through The Chief Secretary, Government of Bihar, Patna.
2.
The Additional Chief Secretary-cum- the Principal Secretary, Education Department, Government of Bihar Patna.
3.
The Additional Chief Secretary-cum- the Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4.
The Director, Primary Education, Bihar, Patna. 5.
The Regional Deputy Director of Education, Magadh Division, Gaya. 6.
The District Education Officer, Gaya.
7.
The District Programme Officer (Establishment), Gaya 8.
The District Accounts Officer, Gaya.
3/6 9.
The District Treasury Officer, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gautam Shah, Adv.
For the Respondent/s :
Mr. Standing Counsel (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-09-2025 Heard the parties.
2. The petitioners have approached this Court seeking, inter alia, the following relief(s):- "(i) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities provide the benefits in terms of Letter No. 571 dated 13.06.2023, issued under the signature of the Director, Primary Education, Education Department, Government of Bihar, Patna, whereby and where under directions have been given to grant notional benefits of the trained pay scale from the date of relieving after completion of training, and monetary benefits from the date of publication of the result of the teachers' training. Since the petitioner had undergone the one-year in-service teachers' training course for the Session 2000-2001 and was relieved to join his school on 29.08.2001 after completion of the training. In view of the aforesaid letter, the petitioner is entitled to the notional benefits from 29.08.2001. However, due to the non-grant of such notional
4/6 benefits from the date of entitlement, the petitioner has suffered loss in seniority and other consequential service benefits.
(ii) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities to consider the case of the petitioners in light of Letter No. 571 dated 13.06.2023, issued under the signature of the Director, Primary Education, Education Department, Government of Bihar, Patna, and to grant notional benefits from the date of completion of training, as the delay in sending the petitioners for the in-service teachers' training course and conducting the examination, despite the petitioners having successfully passed the same, was due to laches on the part of the respondents.
(iii) For issuance of any other appropriate writ writs, order/orders, direction/directions for which the writ petitioners will be found entitled in the facts and circumstances of the case."
3. After some arguments, it is contended that the issue has come up for consideration before this Court in C.W.J.C. No.16165 of 2019, where a Bench of this Court vide order dated 09.08.2019 had disposed off the writ petition with a direction to the respondents to take decision granting benefit of trained scale to the petitioners with effect from the date of completion of their training. It is further contended that similarly situated persons
5/6 have approached this Court by filing different writ petitions and they have been extended liberty to approach the concerned authority.
4. Per contra, learned Advocate for the State submitted that the matter is required to consider at the level of the authorities concerned as to whether the case of the petitioners is identical to those who have been accorded relief(s) or not.
5. Having heard the submissions set forth by the learned Advocate for the respective parties, the writ petition stands disposed off with a direction to the petitioners to file fresh representations before the District Programme Officer (Establishment), Gaya along with necessary documents and details in support of their claim within a period of four weeks from today.
6. In case, such representations are filed by the petitioners within the stipulated period, the concerned District Programme Officer shall examine the case of the petitioners in accordance with law and in the light of the order dated 09.08.2019 passed in C.W.J.C. No.16165 of 2019 and dispose off their representations after hearing them by a reasoned and speaking order, preferably within a period of ten weeks from the date of filing of such representation(s).
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7. If the claim of the petitioners is found admissible, necessary monetary benefit must be extended to the petitioners within a further period of eight weeks.
8. The writ petition stands disposed off.
(Harish Kumar, J) rohit/- U