Praveen Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11370 of 2025 ====================================================== 1.
Praveen Kumar Pandey, Son of Late Surendar Mohan Pandey, Residing at mohalla-Lalbagh, Tilka Manjhi, Near Techno Mission School, P.S.-Tilka Manjhi, District- Bhagalpur.
2.
Daya Shankar Sah, Son of Laxman Prasad Sah, Resident of Village-New Colony Balti Karkhara Chowk, Guderganj, behind bishahari asthaan, Kutubganj, P.S. Kutubganj, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.
2.
The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.
The Principal Secretary, Finance Department, Govt. of Bihar. Patna 4.
The Secretary (Expenditure) Finance Department, Govt. of Bihar, Patna 5.
The Director, Primary Education, Government of Bihar, Patna. 6.
The District Education Officer, Bhagalpur, District-Bhagalpur. 7.
The District Programme Officer (Establishment), Bhagalpur, DistrictBhagalpur. 8.
The District Account Officer, Bhagalpur District-Bhagalpur. 9.
The District Treasurery Officer, Bhagalpur, District-Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Adv.
Mr. Dhananjay Kumar Gupta, Adv.
Ms. Isha Mishra, Adv.
For the Respondent/s :
Mr. Government Advocate (09) Mr. Manoj Kumar Sinha, AC to Ex GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-09-2025 Heard the parties.
2. The petitioners have approached this Court seeking a direction upon the respondents to pay the Matric trained scale with effect from the date of their joining as per the letter bearing memo no. 122 dated 10.02.2012 issued under the signature of
Patna High Court CWJC No.11370 of 2025(3) dt.23-09-2025 2/3 Principal Secretary, Education Department, Government of Bihar.
3. Learned Advocate for the petitioner narrating the facts of the case submitted that the issue raised in the matter has come up for consideration before this Court in C.W.J.C. No. 6139 of 2007 and a Bench of this Court considering every aspect of the matter has observed in favour of the petitioners of the said case, directing the respondent authorities to ensure the admissible Matric trained pay scale with effect from the date of joining. The order of the learned Single Judge was questioned before the Division Bench in L.P.A. No. 756 of 2015, however the same was also turned down. Both these orders have been placed on record. It is further contended that identically situated persons have approached this Court through different writ petitions and they have been allowed the Matric trained pay scale with effect from the date of their joining and after completion of their twelve years of service, they have also been extended the benefit of senior pay scale. One of the order passed by a co-ordinate Bench of this Court has also placed on record as Annexure P/6.
4. Learned Advocate for the State seeks a short adjournment to get instruction in the matter, however, he did not
Patna High Court CWJC No.11370 of 2025(3) dt.23-09-2025 3/3 confront with the legal position.
5. Having considered the submissions set forth by learned Advocate for the respective parties, this Court deems it apt and proper to dispose off the writ petition, directing the respondent no. 7 to consider the claim of the petitioner in the light of the decisions of this Court noted hereinabove and extend all the admissible benefits, preferably within a period of two months from the date of production of a copy of this order.
6. While parting with the case, the respondent authorities are also cautioned to keep in mind the State Litigation Policy, specially Clause 4(c) thereof.
7. The writ petition stands disposed off.
(Harish Kumar, J) supratim/- U