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Patna High CourtCWJC/13159/2025disposed

Manoj Kumar Priyadarshi, v. The State Of Bihar

2025-08-21Mr. Justice Ajit Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13159 of 2025 ====================================================== 1.

Manoj Kumar Priyadarshi, Son of Late Krishna Kumar, Resident of Mohalla D/39, Old Jakkanpur, Devisthan, Patna, Police Station -Jakkanpur, District Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Murgiyachak, Jhuggi Jhopri, Anchal - Phulwarisharif, District - Patna.

2.

Md. Sanjar Ansari, Son of Abdul Hakim Ansari, Resident of Mohalla - Imam Colony, Al-Mizan Nagar, Police Station Phulwarisharif, District Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Manjhauli, Anchal - Phulwarisharif, District - Patna. 3.

Pankaj Kumar, Son of Arjun Rajak, Resident of Mohalla - Q. No. H/II/42A, Adarsh Nagar, Post Office - Dhurwa, Police Station -- Jaganathpur, District - Ranchi, Jharkhand. Address as per Aadhar Card is Village - Bhelwara, Post Office Mitthanchak, Police Station Gopalpur, District-Patna. At present posted and working as a Trained Graduate Teacher in Govt. Middle School Simra, Anchal - Phulwarisharif, District - Patna. 4.

Manoj Kumar, Son of Late Krishna Nandan Singh, Resident of Village and Post Office Maldah, Police Station -Barbigha, District -Sheikhpura. At present posted and working as an Assistant Teacher in Govt. Primary Madhopur, Anchal - Phulwarisharif, District - Patna. 5.

Shashi Bhushan Sharma, Son of Sri Rajeshwar Sharma, Resident of Village -Dihra, Post Office Khajuri, Police Station Naubatpur, District Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Pasahi, Anchal Phulwarisharif, District Patna. 6.

Amrendra Kumar Son of Vishnudeo Singh, Resident of Mohalla - Gangachak, Malikana, Police Station - Masaurhi, District - Patna. Address as per Aadhar Card is Mohalla Swawlamban, House No. 22, Sitaram Path, Paschimi Patel Nagar, Police Station Shastri Nagar, District Patna. At present posted and working as a Headmaster in Govt. Upgraded Middle School Bodhgawan, Anchal Phulwarisharif, District Patna. 7.

Kauser Bano, Wife of Md. Mumtaz Alam, Resident of Mohalla - Naya Tola Jama Masjid Gali, Police Station -Phulwarisharif, District - Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Phulwarisharif Balak, Anchal Phulwarisharif, District - Patna. 8.

Rakesh Kumar, Son of Late Babban Ram, Resident of Mohalla - Meera Ka Mandir, Saket Vihar, Mitramandal Colony, Police Station -Phulwarisharif, District - Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Madhopur, Anchal - Phulwarisharif, District - Patna. 9.

Md. Anwar Son of Md. Ibrahim, Resident of Mohalla- Isa Nagar, Nayatola, Police Station -Phulwarisharif, District Patna. At present posted and working as Trained Graduate Teacher in Govt. Upgraded Middle School Bodhgawan, Anchal- Phulwari Sharif, District Patna.

10.

Zafar Ahsan, Son of Wasi Ahmad Ansari, Resident of Mohalla Madina Colony, Ishanagar, Naya Tola, Patna, Police Station -Phulwarisharif, District Patna. At present posted and working as a trained graduate teacher in Govt. Upgraded Middle School Gajachak Mohammadpur, Anchal - Phulwarisharif,

2/8 District - Patna.

11.

Md. Eqbal Hussain Ansari, Son of Wasi Ahmad Ansari, Resident of Mohalla - Naya Tola, Ishanagar, Nahar Par, Gulabi Kothi, Police Station -Phulwarisharif, District - Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Bahadurpur, Anchal Phulwarisharif, District - Patna. 12.

Ataur Rahman, Son of Late Abadul Rahman, Resident of Village - Rudauli, Police Station -Bachhwara, District - Begusarai. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Hanumanchak Simra, Anchal - Phulwarisharif, District - Patna. 13.

Ajit Kumar, Son of Late Bhim Lal Singh, Resident of Village - Palanga, Nahar Police Station -Parsa Bazar, District Patna. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Phuliya Tola, Anchal Phulwarisharif, District - Patna.

14.

Devendra Kumar Ram, Son of Sri Brahmanand Ram, Resident of Village Badka Chanda, Police Station -Koilwar, District Bhojpur. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Phuliyatola, Anchal - Phulwarisharif, District - Patna. 15.

Mukesh Kumar, Son of Radhika Raman Prasad Singh, Resident of Village and Post Office Basauri, Police Station -Sikarahta, District - Bhojpur, Ara. At present posted and working as Trained Graduate Teacher in Govt. Upgraded Middle School Phuliyatola, Anchal - Phulwarisharif, District - Patna. 16.

Sanjay Kumar, Son of Jageshwar Mandal, Resident of Mohalla Harnichak, Police Station -Beur, District - Patna. At present posted and working as an Assistant Teacher in Govt. Middle School BMP-05, Anchal Sadar, District - Patna, Patna 17.

Ranjan Kumar, Son of Late Badri Prasad, Resident of Flat No. 203, Mundeshwari Enclave, C- Block, Khajpura, Police Station -Rajiv Nagar, District Patna. At present posted and working as an Assistant Teacher in Govt. Middle School BMP-05, Camp Jail, Anchal Patna Sadar, District - Patna.

18.

Bhawani Nandan, Son of Ramdut Sahu, Resident of Mohalla New Bigrahpur, GPO, Patna, Police Station -Jakkanpur, District - Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Manjhauli, Anchal - Phulwarisharif, District - Patna. 19.

Raju Kumar, Son of Late Sukhnandan Ram, Resident of Village Salarpur, Police Station -Naubatpur, District - Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Harnichak Jhu Jho, Anchal - Phulwarisharif, District - Patna.

20.

Ravi Kumar, Son of Late Raghu Thakur, Resident of Village Deoria, Police Station -Bhagwanganj, District Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Dariyapur, Anchal Danapur, District - Patna. 21.

Bijendra Paswan Son of Late Deolal Paswan, Resident of Village - Yodhan Bigha, Police Station -Daniyawan, District - Patna. At present posted and working as an Assistant Teacher in Govt. Middle School Malsalami, Patna Sadar, Anchal Patna Sadar, District - Patna..

3/8 22.

Madan Mohan Kumar son of Kamaldeo Ravidas, resident of village Makhdumpur, Police Station Punpun, District Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Mangalichak Jhuggi Jhopdi, Anchal - Phulwarisharif, District - Patna 23.

Anju Kumari, Wife of Mithilesh Chaudhary, Resident of Village - Basanti Bigha, Police Station -Paliganj, District Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Mangalichak Jhuggi Jhopdi, Anchal - Phulwarisharif, District - Patna. 24.

Manish Ranjan, Son of Nawin Kumar Sinha, Resident of Village - Rajghat, Nawada, Police Station -Pipra (Punpun), District Patna. At present posted and working as Trained Graduate Teacher in Govt. Upgraded Middle School Shahpur, Anchal - Sampatchak, District - Patna. 25.

Sunil Kumar, Son of Sheo Sharan Choudhary, Resident of C2/1, Purnendu Nagar, Police Station -Phulwarisharif District - Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Pasahi, Anchal - Phulwarisharif, District - Patna.

26.

Shailesh Kumar Poonam, Son of Ram Chandra Pandit, Resident of Mohalla Sai Colony, Near J.L. College, Khagaul, Police Station -Khagaul, District - Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Beldaritola, Anchal - Phulwarisharif, District - Patna. 27.

Brajesh Kumar, Son of Bhageran Mahto, Resident of Mohalla Krishna Ghat, Patna University Campus Patna, Police Station -Pirbahore, District - Patna. At present posted and working as an Assistant Teacher in Govt. Middle School Chiraiyatand, Anchal Goalghar, District Patna. 28.

Neeraj Kumar, Son of Late Sri Pandit, Resident of Mohalla - New Mahavir Colony, Beur, Betaura Road, Police Station - Beur, District - Patna. At present posted and working as an Assistant Teacher in Govt. Primary School Nisarpura Jhuggi Jhopdi, Anchal Phulwarisharif, District Patna. 29.

Kumar Brajesh Nandan Pratap, Son of Late Mahim Lal Singh, Resident of Village -Karan Bigaha, Police Station Mehandiya, District - Arwal. Address as per Aadhar is resident of Monindra Kutir Apartment, Flat No. 202, Kanti Factory Road, Patna. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Tandwa, Anchal Phulwarisharif, District Patna.

30.

Rajeev Kumar, Son of Late Nageshwar Prasad, Resident of Mohalla - Jyoti Nagar, Road No. 01, Near Sanskar International School, Bazar Samiti, Mahendru, Police Station Bahadurpur, District - Patna. At present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Thuthipur, Anchal Phulwarisharif, District - Patna ... ... 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

4/8 4.

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

The Regional Deputy Director of Education, Patna Division, Patna. 6.

The District Education Officer, Patna.

7.

The District Programme Officer (Establishment), Patna. 8.

The District Accounts Officer Patna.

9.

The District Treasury Officer, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

Standing Counsel (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 21-08-2025 Heard learned counsel for the petitioners and learned SC-11 for the State.

2. The petitioners have moved before this Court for the following reliefs:- (i) For commanding and directing the respondent authorities concerned to provide the benefits 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, in compliance of the order of this Court in C.W.J.C. No.16165 of 2019 (Kishor Kumar and Others vs. the State of Bihar and Others) as also in the light of memo no.383 dated 03.04.2025, issued by the District Programme Officer (Establishment), Gaya in compliance of the order dated 14.11.2024, passed by this Court in C.W.J.C. No.7006/2024 (Jitendra Kumar and Others vs.

the State of Bihar and Others) by which, direc-

5/8 tion has been given for providing the notional benefits of trained pay scale from the date of relieving after completion of training and monetary benefits since 01.10.2003 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 different dates in the month of May, 2001 and in the light of the aforesaid letters, the petitioners are entitled for grant of notional benefits from the date of relieving from teachers training, 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 commanding and directing the respondent authorities concerned to consider the case of the petitioners in the light of the aforesaid letter no.571 dated 13.06.2023 issued under the signature of the Director, Primary Education, Education Department, Govt.

6/8 successfully passed.

(iii) For directing the respondent authorities concerned to dispose of the representations of the petitioners dated 06.05.2025, addressed to the District Education Officer, Patna and the District Programme Officer (Establishment), Patna and by reasoned and speaking order by ventilating the genuine grievance of the petitioners for providing the notional benefits from the date of relieving after successful completion of teachers training.

(iv) For any other relief(s) to which the petitioners are found entitled to in the facts and circumstances of the case.

3. At the outset, learned counsel for the petitioners submits that the case of the petitioners is fully covered by the order passed by this Court vide order dated 09.08.2019 in C.W.J.C. No.09.08.2019. In order to get the benefits which has accrued to the petitioners of this writ petition, the petitioners have filed representation (Annexure-9 series) before the District Programme Officer (Establishment) Patna, for grant of benefits which has been extended to the similarly situated persons of the aforesaid writ petition.

4. Per contra, the counsel for the Respondent-State submits that detailed requisites which are required for

7/8 consideration is not forthcoming from the representations which is said to have been filed before the committee, as they lack the date of appointment, date of acquiring the eligibility, etc. To which the learned counsel for the petitioner submits that the petitioners would be filing further detailed representation substantiating the original representation, which was filed on 05.05.025 and is appended as Annexure-9 series.

5. In the facts and circumstances of the case, petitioners are directed to file a fresh representation before the District Programme Officer (Establishment) Patna/respondent no.7, along with all the necessary documents in support of their claim within a period of six weeks from today.

6. In the event, the petitioners file the representation before the aforesaid period, the District Programme Officer (Establishment) Patna, will examine the case of the petitioners in accordance with law and in light of the order dated 09.08.2019 passed in C.W.J.C. No.16165 of 2019 and dispose of the representation of the petitioners by way of a reasoned and speaking order within a period of ten weeks from the date of filing of such representation.

7. If the claim of the petitioners is found genuine

8/8 and benefits deserves to be extended in favour of the petitioners, the same shall be extended within five months, thereafter.

8. With the aforesaid directions and observations, the instant writ application stands disposed of. (Ajit Kumar, J) shikha/- U