Umesh Prasad Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12278 of 2025 ====================================================== 1.
Umesh Prasad Paswan Son of Late Nageshwar Paswan, Resident of Village - Sarauni, Post Office and Police Station - Kauakol, District - Nawada. At present posted and working as Headmaster, Middle School, Takaya, Hindi, Anchal - Nagar Prakhand, District Gaya.
2.
Arvind Prasad, Son of Ramesh Chandra Prasad, Resident of Village and Post Office- Kujapi, Police Station- Chandauti, District Gaya, At present posted and working as Headmaster, Middle School, Dhakain, Anchal- Nagar Prakhand, District- Gaya.
3.
Guddu Kumar, Son of Kamla Rajak Resident of Mohalla - Gol Bagicha Gabara, Post Office - R.S., Police Station - Kotwali, District - Gaya, At present posted and working as Headmaster, Middle School- Hasanpur, Anchal - Nagar Prakhand, District - Gaya.
4.
Kaushlendra Kumar, Son of Navyadik Ram, Resident of Village - Tehta Math, Police Station-Tehta, Ditrict - Jehanabad, At present posted and working as a Headmaster, Middle School, Navgarh, Anchal - Nagar, District - Gaya.
5.
Krishna Bharti, Son of Late Ram Vriksha Ram, Resident of Village Kandi, Police Station-Chandauti, District - Gaya, At present posted and working as Headmaster, Middle School, Panchu Bigha, Anchal - Nagar Prakhand, District - Gaya.
6.
Manoj Kumar, Son of Basudev Narayan, Resident of Village Barki Delha, Dularganj, Post Office - R.S., Police Station - Delha, District - Gaya, At present posted and working as Headmaster, Middle School, Chakand- 02, Anchal Nagar Prakhand, District- Gaya.
7.
Ajay Ram, Son of Late Mahavir Ram, Resident of Village- Padrawan, Post Office- Bhimpur Majhiyawan, Police Station- Konch, District Gaya, At present posted and working as Headmaster, Middle School, Sareva, Anchal - Guraru, District - Gaya.
8.
Amit Kumar, Son of Anil Das, Resident of Village- Chamangarh, Post Office- Kalarampur, Police Station- Nayaramnagar, District Munger, At present posted and working as Assistant Teacher, Girls Middle School, Delha, Prakhand - Nagar Nigam, District - Gaya. 9.
Kaushlendra Kumar, Son of Late Rajballabh Prasad, Resident of VillageMurgaon, Police Station- Belaganj, District- Gaya, At present posted and working as Assistant Teacher, Middle School, Navgarh, Anchal - Nagar, District - Gaya.
10.
Kaushal Kumar, Son of Mathura Prasad, Resident of Village - Dhandhawa, Post Office - Civil Aerodrum, Police Station- Bodhgaya, District- Gaya, At present posted and working as Headmaster, Middle School, Visunpura, Anchal Sherghati, District - Gaya.
11.
Akshyabar Kumar, Son of Birju Prasad, Resident of Village - Chhotki Nawada Near Balaji Mor, Police Station - Delha, District - Gaya, At present posted and working as Assistant Teacher, Middle School, Sherpur, AnchalNagar Prakhand, District- Gaya.
2/4 12.
Satya Prakash, Son of Hari Saw, Resident of Village and Post Office - Bithosharif, Police Station - Chakand, District - Gaya, At present posted and working as Headmaster, Middle School, Badra Badahpur, Anchal - Manpur, District - Gaya.
13.
Santosh Kumar, Son of Umashankar Prasad, Resident of Village - Anantpur, Post Office - Dewra, Police Station - Okari (Ghosi), District - Jehanabad, At present posted and working as Headmaster, Middle School, Rajaprl Bodhgaya, Anchal - Bodhgaya, District- Gaya.
14.
Samrendra Kumar Vibhuti, Son of Shyamnandan Prasad, Resident of Village- Belkhara, Police Station- Karpi, District- Arwal, At present posted and working as Assistant Teacher, Middle School, Bangali Bigaha, AnchalNagar Nigam Utari, District - Gaya. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary cum the Principal Secretary, Education Department, Government of Bihar, Patna.
3.
The Additional Chief Secretary cum the Principal Secretary, Finance Department, Government of Bihar, Patna.
4.
The Director, Primary Education, Bihar, Patna. 5.
The Regional Deputy Director of Education, Magadh Division, Gaya. 6.
The District Education Officer, Gaya.
7.
The District Programme Officer (Establishment), Gaya. 8.
The District Accounts Officer, Gaya.
9.
The District Treasury Officer, Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Shraddhanand Paswan, Advocate Mr. Satish Kr. Sinha, Advocate For the Respondent/s :
Mr. Manish Kumar, GP (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-07-2025 Heard Mr. Dr. Shraddhanand Paswan, along with Mr. Satish Kr. Sinha, learned counsels appearing on behalf of the petitioners and Mr. Manish Kumar, learned GP (04) for the State.
2. The petitioners in paragraph no. 1 of the present
3/4 writ petition have sought inter alia the following relief(s), which is reproduced hereinafter:- "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 29.08.2001 and in the light of the aforesaid letters, the petitioners are entitled for grant of notional benefits since 29.08.2001, 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 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 laches on the part of the 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 09.05.2025 addressed to the District Program Officer (Establishment), Gaya by reasoned 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 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."
3. Learned counsel appearing on behalf of petitioners
4/4 informs that he has received instructions that the petitioners seek to file a detailed representation before the District Programme Officer, Establishment, Gaya to consider their case in light of the order passed by this Court as contained in Annexure P/3 (CWJC No.16165 of 2019), Annexure P/5 (CWJC No.7006 of 2024) and other documents in support of their reliefs, as prayed for in the present writ petition.
4. Considering the information made on behalf of the petitioners, the petitioners, if so advised, may file a detailed representation before the District Programme Officer, Establishment, who, by taking a conscious decision, may pass a reasoned order taking into consideration the several orders passed by this Court, as well as, the government circulars applicable in the case of the petitioners, well within a period of six weeks.
5. Accordingly, the present writ petition stands disposed of.
(Purnendu Singh, J) Ashishsingh/- U