Manjit Kumar @ Manjit Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11813 of 2025 ====================================================== 1.
Manjit Kumar @ Manjit Kumar Tiwari S/o Late Ramnath Tiwary, Resident of Village- Navatan, P.S- Ekma, Distt- Saran, Presently posted at Upgraded Middle School, Goushpur, Ekma Sharan.
2.
Ravishankar Mishra S/o Late Ramudar Mishra, Resident of VillageKhanpur, P.S- Manjhi, Distt- Saran, Presently posted at Middle School, Sitapur, Manjhi, Sharan.
3.
Jaffarudin Ansari S/o Md. Kashim Ansari, Resident of Village- Sirisya, P.SRivilganj, Distt- Saran, Presently posted at Upgraded Middle School, Khairpar, Revilganj, Sharan.
4.
Vinay Kumar Dubey S/o Tuntun Dubey, Resident of Village- Bangara, P.SDaudpur, Distt- Saran, Presently posted at Upgraded Middle School, Auli, Revilganj, Sharan.
5.
Arbind Kumar Pandey S/o Late Tirpurari Pandey, Resident of VillageBasdelha, P.S.- Kopa, Distt- Saran, Presently posted at Upgraded Middle School, Bhakliya, Jalalpur, Sharan.
6.
Arun Kumar S/o Late Lakh Raj, Resident of Village- Rauja, P.S- Chapara Nagar, Distt- Saran, Presently posted at Upgraded Middle School, Santha, Garkha, Sharan.
7.
Manoj Kumar Sony S/o Late Ramnath Tiwary, Resident of Revilganj, P.S.- Revilganj, Distt- Saran, Presently posted at Upgraded Middle School, Mainpura, Revilganj, Sharan.
8.
Nagendra Kumar Mishra S/o Late Ramdev Mishra, Resident of Shantinagar, P.S- Chapra Town, Distt- Saran, Presently posted at Upgraded Middle School, Mukrera, Revilganj, Sharan.
9.
Sanjay Kumar Tiwary S/o Late Dudhnath Tiwary, Resident of VillageJaythar, P.S- Taraya, Distt.- Saran, Presently posted at Upgraded Middle School, Daptarpur, Sadar Chapra, Sharan.
10.
Binod Kumar Singh S/o Late Gautam Singh, Resident of VillageSahaigajan, Distt- Saran, Presently posted at Girl Primary School, Sardha Nevajee Tola, Sadar Chapra, Sharan.
11.
Hari Narayan Singh S/o Late Ramanand Singh, Resident of VillageSamsudinpur, Ward No.-09, P.S.- Revilganj, Distt- Saran, Presently posted at Upgraded Middle School, Sirisima, Revilganj, Sharan. 12.
Dilip Kumar S/o Late Dasrath Prasad, Resident of Village- Mirchaya Tola Daulatganj, P.S- Bagwanpur, Distt- Saran, Presently posted at Middle School, Devariya, Revilganj, Sharan.
13.
Anil Kumar Ram S/o Shivajee Ram, Resident of Village- Mubarakpur, P.SManjhi, Distt- Saran, Presently posted at Middle School, Devariya, Revilganj, Sharan.
14.
Prushotam Prashar S/o Late Lalan Prasad, Resident of Village- Hakam, P.SMahamadpur, Distt- Gopalganj, Presently posted at Middle School, Deveriya, Revilganj, Sharan.
15.
Prameshwar Ram S/o Late Ramrup Ram, Resident of Village- Jaitpur Naya
2/6 Tola, P.S- Daudpur, Distt- Saran, Presently posted at Middle School, Jaitpur, Manjhai, Sharan.
16.
Md. Ataullha S/o Md. Yunus, Resident of Village- Brahampur, P.S- Bhagwan Bazar, Distt- Saran, Presently posted at Primary School, Karinga, Chapra Sadar, Sharan.
17.
Md. Sadrudin S/o Md. Jalil Ansari, Resident of Village- Bansohi, P.SMasrakh, Distt- Saran, Presently posted at Middle School, Bichla Telpa, Chapra Nagar, Sharan.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Additional Chief Secretary-cum-the Principal Secretary, Education Department, Govt. 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, Saran Division, Chapra. 6.
The District Education Officer, Saran.
7.
The District Programme Officer (Establishment), Saran. 8.
The District Accounts Officer, Saran.
9.
The District Treasury Officer, Saran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Raj Mr. Pravin Kumar For the State Mrs Anandi Singh, SC 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 22-06-2026 Heard learned counsel for the petitioners and learned counsel 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:-
3/6 "I. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to provide the benefits of in the light of letter no. 571 dated 13.06.2023 issued under the signature of the Director, Primary Education, Education Department, Govt. of Bihar, Patna, by which, direction has been given for providing the notional benefits of trained pay scale from the date of relieving after completion of training and monetary benefits from the date of publication of result of teachers training and since the petitioners had been sent for one year in-service teachers training course for the session 2000-2001 and after completion of training, they were relieved to join their respective schools on 31.05.
2001 and in the light of the aforesaid letters, the petitioners are entitled for grant of notional benefits since 31.05.2001, the date on which, they were relieved to join their respective schools after completion of training and due to not providing the notional benefit from the date of their entitlement, the petitioners are at loss of seniority etc.
II. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioners in the light of the aforesaid letter no. 571 dated
4/6 13.06.2023 issued under the signature of the Director, Primary Education, Education Department, Govt. of Bihar, Patna and to provide the notional benefits from the date of completion of training, as there is of the laches on the part respondent/State for not sending the petitioners for in-service teachers training course and taking examination belatedly in which all the petitioners successfully passed. III. For issuance of an appropriate writ in the nature of mandamus as an alternative prayer of the petitioners for directing the respondent authorities concerned to dispose of the representations of the petitioners dated 22.05.2025 addressed to the District Education Officer, Saran by ventilating the genuine grievance of the petitioners for providing the notional benefits from the date of relieving after successful training. completion of teachers IV. 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."
4. After advancing some argument, learned counsel for the petitioners submits that for seeking the aforesaid reliefs, the petitioners have already filed a representation dated 22.05.2025 (Annexure-P/4) before the District Education Officer, Saran and the same continues to be pending. He,
5/6 therefore, submits that the petitioners would be satisfied if an appropriate direction is issued to the District Education Officer, Saran to dispose of the pending representation of the petitioners within a fixed time-frame, after giving an opportunity of hearing to the petitioners.
5. To the aforesaid submission made by learned counsel 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 the learned counsel for the petitioners, this writ application is disposed of, directing the District Education Officer, Saran to dispose of the pending representation of the petitioners dated 22.05.2025 (Annexure-P/4) within three 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 District Education Officer, Saran, should be a reasoned and speaking order. It is further clarified that in case the petitioners are found entitled to the reliefs, which the petitioners is claiming through the representation, the same should be extended to the petitioners within a period of four weeks from the date of passing of the final order by the District
6/6 Education Officer, Saran.
8. With the aforesaid observation/direction this writ application stands disposed of.
9. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of. (Alok Kumar Sinha, J) HR/- U