Upendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17750 of 2021 ====================================================== 1.
Upendra Ram Son of Dashrath Ram Resident of Athar, P.O.- Athar Bansman, District- Muzaffarpur, Bihar- 843118 2.
Mahendra Prasad Shahi Son of Dilchand Sah Resident of Swami Nagar, Bairiya, P.O.- Kolhua Paighambarpur, District- Muzaffarpur, Bihar- 843108. 3.
Sumit Kumar Son of Shivji Paswan Resident of 1028, Paswan Tola, Mithanpura Ramna, P.O.- Muzaffarpur, District- Muzaffarpur, Bihar842002 ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The Director Primary Education, Government of Bihar, Patna. 4.
The Regional Deputy Director of Education, Muzaffarpur at P.O. and District- Muzaffarpur 5.
The District Education Officer, Muzaffarpur at P.O. and DistrictMuzaffarpur 6.
The District Programme Officer (Establishment), Muzaffarpur at P.O. and District- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Anukriti Jaipuriyar, Advocate Mr. Rajnikant Kumar, Advocate Mr. Priti Mahato, Advocate For the Respondent/s :
AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-07-2025 Heard Mrs. Anukriti Jaipuriya, learned counsel appearing on behalf of the petitioners and learned AC to GP-23 for the respondent/s.
Patna High Court CWJC No.17750 of 2021(3) dt.28-07-2025 2/3
2. The petitioners in paragraph no. 1 of the present writ petition have sought inter alia following relief(s), which is reproduced hereinafter:
"(a) For issuance of writ in the nature of certiorari to quash and set aside the Memo No. 746, 750 and 753 dated 03.03.2006 whereby and whereunder the District Education Superintendent, Muzaffarpur accorded revised trained pay scale of 4500-125-7000 to these petitioners from the date of publication of their result on 20.06.2005 and not from the date of completion of their training on 31.07.2001.
(b) For issuance of writ in the nature of mandamus directing and commanding upon the Director, Primary Education to grant benefit of trained pay scale from the date of completion of training-31.07.2001- to the petitioners and not from date of publication of the result20.06.2005- as the lapses/delay is on the part of respondents in conducting the examination after Three years cannot be a ground to deny the benefit of trained pay scale to these Petitioners;
(c) For issuance of writ in the nature of mandamus directing and commanding upon the Director Primary Education to grant all consequential monetary benefits to these petitioners from the date of completion of training-31.07.2001.
(d) For any other relief or reliefs for which the petitioners are found entitled in the facts and circumstances of the case."
3. Learned counsel appearing on behalf of the petitioners submits that the present writ petition is covered by the order dated 09.08.2019 passed by a co-ordinate Bench of this Court in CWJC No. 16165 of 2019.
4. This Court finds that on account of the inaction of the State, the petitioners should not suffer and the required benefit as a result of their training is directed to be paid from the date of completion of their training.
Patna High Court CWJC No.17750 of 2021(3) dt.28-07-2025 3/3
5. Accordingly, the present writ petition is disposed of in light of the order dated 09.08.2019 passed by a co-ordinate Bench of this Court in CWJC No. 16165 of 2019. (Purnendu Singh, J) Niraj/- U