Vikram Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10428 of 2026 ====================================================== 1.

Vikram Mishra S/o-Gajendra Nath Mishra, Resident of Village-New Market Tulsia, P.S.-Dighalbank, Distt.-Kishanganj, Initially Posted as Prakhand Teacher Graduate Level 6-8 now Presently posted as Head Teacher at Primary School Utter Kudheli Dighal Bank under Block-Dighal Bank, Distt.-Kishanganj.

2.

Shamim Akhtar, S/O-Matiur Rahman, Resident at Motibagh Karbla, Near Motibagh Masjid, P.S- Kishanganj, Distt.- Kishanganj, Bihar, Initially posted as Prkhand Teacher graduate Level 6-8 Middle School Alta Hat now Presently posted as Head Teacher at Primary School Dehuta, Distt.- 3.

Sanjeev Prasad Rajeev, S/O-Sadanand Ram, Resident at-ward No.-24 Kaidhasa, P.S-Kishanganj, Distt-Kishanganj Bihar Presently Posted at Middle School Khagara, Distt.-Kishanganj.

4.

Prabhakar kumar Ghosh, son of Bhuwneshwer Prasad Ghosh, Resident of village-ward No.-10 Kochadhaman Barahmasiya Bagalbari, P.SKochadhaman, Distt-Kishanganj Bihar, initially Posted as Exclusive Teacher at Primary School Dahuwa Distt.-Kishanganj, Now Presently Posted as Exclusive Teacher at Primary School Dahuwa Kochadhaman, Distt.- 5.

Md. Raihan Alam S/o.-Md. Naimuddin, Resident at Harwadanga Gangihat, P.S.-Kochadhaman, Distt.-Kishanganj. Initially Posted as Prakhand Teacher at Aadarsh Middle School Gangighat Kishanganj, Now presently posted as School Teacher U. H.S. Raipur Block- Pothia, Distt.-Kishanganj. 6.

Saalim Raza, s/o-Nizamuddin, Resident at Chorkatta Kudhaila ward no 0, P.S.-Bahadurganj, Distt.- Kishanganj, Presently Posted at Primary School Kamarmani Gachhapara Kishanganj.

7.

Shishir Kumar Das, S/o-Abhay Kumar Das, Resident of ward No.-2 Milanpally, P.S.-Kishanganj, Distt.-Kishanganj, initially Postedas Prakhand Teacher at Middle School Murmala under Block- Bahadurganj, Distt.- Kishanganj, Presently Posted as Exclusive Teacher Level 1-5 Middle School Murmala under Block- Bahadurganj Kishanganj.

8.

Sujit Kumar, S/O-Jagannath Prasad Sharma, Resident of village-Gorigama, P.S.-Mahnar, Distt.-Vaishali Bihar, initially Posted as Prakhand Teacher Level 1-5 Middle School Behbuldangi under Block Thakurganj, Distt.- Kishanganj Now presently Posted as Vidyalaya Adhyapak Tre-1 (11-12) plus 2 High School Azad Nagar Chhattargachh, Distt.-Kishanganj. 9.

Pratima Kumari, w/o.-Dinesh Kumar Ram, Resident of village-Ruidhasa Rampur, P.S.-Kishanganj, Distt.-Kishanganj Presently posted as Panchayat Teacher at Primary School Mali Tola Distt.-Kishanganj. 10.

Dinesh Kumar Ram, S/O-Ram Sundar Ram, Resident of village-Ruidhasa Near Hanuman Mandir, P.S.- Kishanganj, Bihar, Presently Posted at Primary School Banku Tola Biraniya Kishanganj.

11.

Iftekhar Alam Danish, S/O-Md. Yashin, Resident of Village Panibagh, P.S.- Kishanganj, Distt.- Kishanganj Bihar, Presently Posted at Middle School

2/6 Chakala ghat Kishanganj Now presently Posted as Niyojit Teachher Upgraded Middle School Motihara Kishanganj.

12.

Sneha Jaiswal, D/O-Dinanath Jaiswal, Resident at Back of Vikas Market Near Bus Stand, P.S.-Purnea, Distt-Purnea Bihar, Presently Posted at Middle School Khagara Kishanganj.

13.

Madhushri Ghosh, D/O-Late Usha Pati Ghosh, Resident of ward No.-24, Ruidhasa South Kalitala, P.S.-Kishanganj Distt- Kishanganj Bihar, Presently Posted at Middle School Khagara Kishanganj.

14.

Mohsina Khatun, W/O-Md. Sohail Ahmad, Resident of village-Birpur Ward No.-12, P.S.-Bahadurganj Distt.-Kishanganj Bihar, initially posted at Primary School Motibagh Kishanganj, presently as Exclusive Teacher Upgraded Middle School Motibag Kishanganj.

15.

Sneh Lata Tripathi, w/o-Amit Kumar Das, Resident of ward No.-06 Near Kali Mandir Kishanganj P.S.- Kishanganj, Distt. Kishanganj Bihar initially Posted as Nagar Teacher at Primary School Vivekanand Nagar Kishanganj Presently posted as Head Teacher Primary School Halamala Dakshin Tola 16.

Mithilesh kumar Jha, s/o-Shiva Narayan Jha, Resident of ward No.-07 Near Kishan Bekri Moti Bag Kishanganj P.S.-Kishanganj, Distt-Kishanganj, Bihar, Presently Posted at Upgraded Middle School Gachhpara Kishanganj. 17.

Sandip Chandra Paul, S/o.-Sukumar Chandra Paul, Resident of ward No.-24 Ruidhasa South Rampur, P.S.-Bahadurganj, Distt.-Kishanganj, initially postedas Prakhand Teacher at Upgraded Middle School Patkoi Kochdahaman Kishanganj, Presently Posted as Head Teacher New Primary School Thutipakar Kishanganj.

18.

Md. Izharul Haque, s/o-Md. Yasin, Resident of village- Bisani P.S.- Paharkatta, Distt.-Kishanganj, initially Posted as Prakhand Teacher Graduate Level 6-8 at Upgraded Middle School Belpokhar Kishanganj, Presently posted Exclusive Teacher 6-8 U.M.S. Belpokhar Pothia Kishanganj. 19.

Rachna Chaudhari, D/O- Ramashish Chaudhary, Resident of villageBhatgown Galgallia, P.S.-Thakurganj, Distt.-Kishanganj Presently Posted as Prakhand Teacher Graduate Level 6-8 at Middle School Galgallia 20.

Sundar Lal Singh, S/O-Shyam Narayan Singh, Resident of villageBaluwadangi, P.S.-Korhowari, Distt.. Kishanganj, initially Posted as Prakhand Teacher posted at Upgraded Middle School Haribhasha Kochdahaman Kishanganj Now as Exclusive Teacher 1-5. 21.

Rishikesh Sah, S/O-Raj Kumar Sah, Resident of village-Milan Pally P.S.- Kishanganj Distt.-Kishanganj, initially Posted as Prakhand Teacher at U.M.S. Bel Pokhar Pothia Kishanganj now presently posted at N. P.S. Banglabandha Thakurganj Kishanganj.

22.

Sandip Kumar, S/o-Vidya Nand Prasad, Resident at village-Ruidhasa, P.S.- Kishanganj, Distt.-Kishanganj, initially Posted as Prakhand Teacher Upgraded Middle School Jalu Chowk Kishanganj, Presently posted as Exclusive Teacher 1-5 U.M.S. Jalu Chowk Pothia Kishanganj. 23.

Sujendra Mandal, s/o-Birendra Mandal, Resident of ward No.-05 Lalharia Kullakhas, P.S.-Kashwa, Distt.-Purnia, initially posted as Prakhand Teacher

3/6 at Middle School Natwa Para Block-Bahadurganj Kishanganj, Presently as Head Teacher Primary School Garhbanaili Bazar Block-Kasba Distt.-Purnia. 24.

Subrato Chakraborty, Son of Subodh Chakraborty, Resident of village Ward No.-28 Bangali Lane Dharamganj, P.S.-Kishanganj, Distt.-Kishanganj, initially Posted as Prakhand Teacher at Upgraded Middle School BaharakolII Kishanganj, Presently Posted as Exclusive Teacher at Upgraded Middle School Bahera kol- II Kishanganj.

25.

Abhijit Roy, Son of Late Narayan Chandra Roy, Resident of village- Ward No.-30 Dumaria Kali Mandir P.S.-Kishanganj Distt.-Kishanganj, initially Posted as Prakhand Teacher Natwapara Block Bahadurganj Kishanganj, Presently Posted as Head Teacher Primary School Balister Tola BlockBahadurganj Kishanganj. 26.

Bhanu Prakash Ojha Son of Ram Kumar Ojha, Resident of Ward No.-07 Nepalgarh Colony Talab Ke Pass P.S.-Kishanganj, Distt.-Kishanganj, initially posted at Shiksha Sudhar Kishanganj Now Exclusive Teacher at Middle School Shiksha Sudhar Kishanganj.

27.

Ahmad Hussain, Son of Abdur Rahman, Resident of village-Bholmara, P.S.- Pawakhali, Distt.-Kishanganj, initially Posted as Prakhand Teacher at Upgraded Middle School Mathiyabhitta Kishanganj, Presently Posted as Exclusive Teacher 6-8 at U.M.S. Matiyabhitta Block-Pothia Distt.. 28.

Md. Shahzad Alam, Son of Md. Matiur Rahman, Resident of village Bhopla, P.O. Netuapara, P.S. Bahadurganj, Distt.-Kishanganj, initially Posted as Prakhand Teacher at Middle School Natwapara Kishanganj Now posted as Exclusive Teacher 1-5 in the same School.

29.

Manoj Kumar Sinha, Son of JaganNath Prasad Singh, Resident of villageBoaldah, P.O.-Kashibari Hat P.S.-Kochadhaman, Distt.-Kishanganj, initially posted as Prakhand Teacher at Upgraded Middle School Chhatergachi Kishanganj, Presently posted as Exclusive Teacher 6-8 U.M.S. Dilawarganj 30.

Sharmishtha D/O- Nani Gopal Ghosh, Resident of village- Ashrampara, P.S.-Thakurganj, Distt.-Kishanganj, Presently Posted as Prakhand Teacher at Upgraded Middle School Pateshwari Thakurganj Kishanganj. 31.

Suchit Ranjan Kumar, Son of Mahendra Prasad Chaurasia, Resident of village- Krishna Bazar Haweli Kharagpur, P.S.-Haweli Kharagpur, Distt. Munger, initially posted as Prakhand Teacher 1-5 at Upgraded Middle School Nimlagao Potiha Kishanganj, Presently as Exclusive Teacher Primary School Kathmohan Kishanganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary Govt. of Bihar Patna. 2.

The Chief Secretary, Govt. of Bihar Patna.

3.

The Addl. Chief Secretary, Education Department, Govt of Bihar Patna. 4.

The Director, Primary Education, Govt. of Bihar Patna. ... ... Respondent/s

4/6 ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar No. 1, Adv.

For the Respondent/s :

Mr. Sunil Kumar Mandal, SC-3 Ms. Bittu Kumari, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 24-07-2026 Heard the parties.

2. The batch of the writ petitioners, who were duly appointed as untrained Panchayat/Prakhand/Nagar Teachers in the year 2013 to 2016 by the competent authority and joined their respective schools; have further admitted in different training colleges for the different session and completed their trainings on different dates. But even after completion of training, the examination was conducted after 2 and 1⁄2 years along with the junior batch, the result of which was declared on 19.01.2019.

3. In the aforesaid premise, they have approached this Court seeking issuance of a writ in the nature of mandamus, directing respondent no. 4 to extend all the monetary benefits of trained pay scale with effect from the date of completion of their training, in the light of the judgment dated 01.02.2021 passed in CWJC No. 16165 of 2019 and CWJC No. 7938 of 2020, which order traveled up to the Hon'ble Supreme Court and the order of the learned Single Judge as well as the Division Bench stood affirmed. The copies of the decisions have also been placed on

5/6 record as Annexure P/3, P/4 and P/ 4/1.

4. It is further contended that the issue stands concluded, the Director, Primary Education, vide its order contained in Letter No. 1687 dated 21.05.2016, also extended the benefit of trained pay scale with effect from the date when the petitioners of those writ petition also completed their training program.

5. On the other hand, learned Advocate for the State submitted that since there are altogether 31 petitioners, their cases are required to be individually examined in the light of the decisions referred hereinabove.

6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the fact that the issue with respect to extending the benefit of trained pay scale upon completion of their training stood concluded by the learned Single Judge in the case of CWJC No. 7938 of 2020, which was duly affirmed by the learned Division Bench in LPA No. 456 of 2021, besides the challenge led by the State Government negated by the Hon'ble Supreme Court in SLP (Civil) Diary No(S). 66035 of 2025, this Court finds substance in the submission of the learned Advocate for the petitioners.

6/6

7. Accordingly, the present writ petition stands disposed off with a direction to the petitioners to approach before the Director, Primary Education by filing separate application, which shall be duly considered by him and dispose off in the light of the decisions referred hereinabove, preferably within a period of 12 weeks from the date of receipt/production of a copy of this order.

8. Suffice it to observe that if the claim of the petitioners find favor, identical to those of the writ petitioners of the above noted case, the similar relief must be accorded to the petitioners, within the period stipulated.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.07.2026 Transmission Date NA