Shyam Nandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13484 of 2025 ====================================================== 1.
Shyam Nandan Singh son of Sri Girija Nandan Singh resident of villageKakarachak, P.O.- Karanpur, P.S. Bochahan, District - Muzaffarpur, presently working as Headmaster, Nationalized Upgraded Middle School, Sarwani Cham, Anchal- Bochahan,District- Muzaffarpur 2.
Pawan Kumar son of Sri Baidyanath Ray, resident of village and P.O. Bishanpur, P.S. Katra, District- Muzaffarpur presently working as Headmaster, Middle School, Bairiya, Anchal- Kanti, District -Muzaffarpur. 3.
Sanjay Kumar son of Sri Ramyatan Mandal, resident of Mohalla- Bhaju Sah Lane, Aghoriya Bazar, P.O. Ramna, P.S. Kazi Mohammadpur, District - Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Mohanpur, Anchal- Bochahan, District - Muzaffarpur. 4.
Virendra Prasad son of Sri Rajmanfal Prasad, resident of village- Kohiyan, P.S. Kanti District Muzaffarpur, presently working as Headmaster Nationalized Upgraded Middle School, Pakari, Anchal- Kanti, District - Muzaffarpur.
5.
Subhash Kumar Rai son of Late Basudeo Rai, resident of village and P.O. Srisiya, P.S. Kanti, District Muzaffarpur presently working as Headmaster , Upgraded Middle School, Gosain Tola, Anchal - Kanti, District -Muzaffarpur.
6.
Ram Sewak Sahani son of Late Raghav Sharan Sahani, resident of Brahmpura, Laxmi Chowk, P.O. M.I.T., P.S.-Brahmpura, DistrictMuzaffarpur presently working as Headmaster, Upgraded Middle School, Mathiya, Morsandi. Anchal -Motipur, District - Muzaffarpur. 7.
Manoj Kumar son of Binda Sah, Resident of Brahmpura, Laxmi Chowk, P.O.- M.L.T., P.S. Brahmpura, District - Muzaffarpur, presently working as Assistant Teacher, Nationalized Up-graded Middle School, Pakari, AnchalKanti, District - Muzaffarpur. 8.
Vijay Kumar Thakur son of Ramswarth Thakur, resident of villageLoharkha, P.O. Hatha P.S. Piyar, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Gagraha Anchal- Bandra, District - Muzaffarpur.
9.
Naresh Ray son of Yadu Rai, resident of village- Hatha, P.O. Hatha, P.S. Piyar, District Muzaffarpur, presently working as Assistant Teacher Upgraded Middle School, Kolhuara, Anchal- Bandra, District -Muzaffarpur. 10.
Umesh Kumar son of Chandeshwar Prasad, resident of village- Rampur Dayal, P.S. Piyar, District Muzaffarpur presently working as Headmaster, Upgraded Middle School, Machhahan, Anchal-Bandra, District - Muzaffarpur.
11.
Md. Halim Ali son of Md. Sadik Mian, resident of village- Piar, TolaBahadurgadh, P.O. Piyar, P.S. Piyar, District - Muzaffarpur, presently working as Headmaster Urud Upgraded Middle School, Rampur Mahinath, Anchal - Bandra, District - Muzaffarpur.
12.
Deepak Prasad Singh son of Ram Pramarth Prasad Singh, resident of village- Madhaiya, P.S. Piyar, District Muzaffarpur, presently working as
2/12 Headmaster, Upgraded Middle School, Ratanmaniya Anchal- Bandra District - Muzaffarpur.
13.
Anunay Kumar son of Ramchandra Bhagat, resident of Jangali Mai Asthan Balughat, P.S. Muzaffarpur Town, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Basauli. Himmat Singh, Anchal Bochahan District Muzaffarpur.
14.
Sanyog Kumar Premi son of Ram Ashish Ram, resident of Kali Bari Road, Ward No.42. P.S. Mithanpura, District Muzaffarpur presently working as Headmaster. Upgraded Middle School, Bhushahi, Anchal-Bochahan. District - Muzaffarpur.
15.
Neeraj Kumar son of Raj Narayan Poddar, resident of villageShambhunathpur, Dholi, P.O.- T.C.A. Dholi, P.S. Sakra, District Muzaffarpur presently working as Headmaster, Upgraded Middle School, Maheshpur, Anchal- Bandra, District -Muzaffarpur 16.
Bishambhu Nath Roy son of Shree Bhupendra Roy, resident of villageManikpur Itaha, P.O. Itaha, P.S. Sakra, District -Muzaffarpur, presently working as Headmaster, Nationalized Middle School, Tepri, Anchal- Bandra, District - Muzaffarpur.
17.
Rajesh Paswan son of Late Nathuni Paswan, resident of village-Lautan, P.O. Muraul, P.S. Sakra, District Muzaffarpur presently working as Headmaster, Upgraded Middle School, Gopalpur Bishunpur, Anchal- Muraul, District - Muzaffarpur 18.
Baiju Kumar Rajak son of Late Chunni Lal Rajak, resident of MohallaPakki Sarai,Jail Road,, P.S. Mithanpura, District - Muzaffarpur, presently working as Headmaster, Nationalized Middle School, Mahammadpur Girls Muraul, Anchal- Muraul, District - Muzaffarpur. 19.
Sanjeev Kumar Singh son of Lalan Prasad Singh, resident of MohallaMalighat, B.M.P.-6 Road, P.S. Mithanpura, District Muzaffarpur, presently working as Headmaster, Nationalized Middle School, Mahmmadpur Boys, Anchal- Muraul, District - Muzaffarpur.
20.
Ashok Sah son of Late Mahendra Sah, resident of village- Jahangirpur, P.O. Muraul, P.S. Sakra, District - Muzaffarpur, presently working as Headmaster, Nationalized Middle School, Itaha, Anchal-Muraul, District - Muzaffarpur.
21.
Amlesh Kumar Singh son of Late Ram Sakha Singh, resident of MohallaSikandarpur New Area, P.S. Muzaffarpur Town, District - Muzaffarpur, the retired Headmaster, Nationalized Upgraded Middle School, Sanahi, AnchalBochahan, District - Muzaffarpur. 22.
Uday Shankar Prasad son of Kedar Prasad, resident of village- Pahsaul, P.S. Katra, District- Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Thikahan, Anchal- Bochahan, District- Muzaffarpur. 23.
Om Prakash son of Late Ram Kishore Ojha, resident of village and P.O. Chaumukh, P.S. Bochahan District Muzaffarpur presently working as Headmaster. Upgraded Middle School, Manpur, Anchal-Bochahan, District - Muzaffarpur 24.
Mewa Lal Ram son of Late Asharfi Ram resident of village- Koiria Jagir, P.O. and P.S. Paroo, District Muzaffarpur presently working as Headmaster,
3/12 Upgraded Middle School, Hariharpur Bhikhi Anchal- Paroo, District - Muzaffarpur 25.
Birendra Bhakta son of Jagannath Bhakt, resident of village- Kodariya, P.S. Paroo District Muzaffarpur, presently working as Headmaster, Middle School, Bara Daud Anchal- Paroo, District Muzaffarpur. 26.
Pawan Kumar Ram son of Late Mahavir Ram, resident of villageMuhabbatpur, P.S. Deoria, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Neknampur, Anchal- Paroo, District Muzaffarpur.
27.
Veena Kumari wife of Jeta Kumar, resident of village- Bishunpur Saraiya, P.S. Deoria, District - Muzaffarpur, presently working as Headmistress, Upgraded Middle School, BishunPur Saraiya east, Anchal-Paroo, District - Muzaffarpur 28.
Kishore Sanjay son of Binda Bhakta, resident of village- Muhabbatpur, P.S. Deoria, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Harpur Kaparphora, Anchal- Paroo, District Muzaffarpur. 29.
Jairam Sah son of Late Mahadeo Sah, resident of village and P.O. Dharphari, P.S. Deoria, District Muzaffarpur presently working as Headmaster, Nationalized Middle School, Dharphari Boys, Anchal- Paroo, District - Muzaffarpur.
30.
Aditya Kumar son of Late Narayan Singh, resident of Mohalla- Chaudharain Gali, Naya Tola, P.S. Kazi Mohammadpur, District Muzaffarpur presently working as Headmaster, Middle School, Akhtiyarpur , Anchal- Marwan, District - Muzaffarpur.
31.
Arvind Kumar son of Sri Devendra Sharma, resident of MohallaGovindpuri Bibi Ganj, P.S. Muzaffarpur Sadar, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Jian Hindi, Anchal- Marwan, District - Muzaffarpur 32.
Sunil Kumar son of Late Ramashish Mahto, resident of Mohalla- New Colony Gannipur, P.S. Kazi Mohammadpur, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Gawsara Mushahar, Anchal- Marwan, District - Muzaffarpur.
33.
Ajay Kumar son of Late Ramchandra Mahto, resident of MohallaShramjeevi Nagar ( Near Prabhat Tara Girls School), Bhagwanpur, P.S. Muzaffarpur Sadar, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Makdumpur Kodariya Gwala Tola, AnchalMarwan, District - Muzaffarpur. 34.
Rajgir Prasad son of Late Munilal Ray, resident of Mohalla- Yadav Nagar, Bhagwanpur, P.S. Muzaffarpur Sadar, District - Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Khalilpur, AnchalMarwan, District-Muzaffarpur. 35.
Sushil Kumar Sushil son of Brahmdeo Singh, resident of village- Ratanpur, P.O. Rampur Saghri, P.S. Aurai, District - Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Mahmoodpur Anchal Aurai, DistrictMuzaffarpur. 36.
Arvind Kumar son of Late Ram Narayan Sah, resident of village- Jhapha (Manjhaulia), P.O. Jhaphan, P.S. Ahiyapur, District - Muzaffarpur, presently
4/12 working as Headmaster, Upgraded Middle School, Mohanpur, AnchalMinapur, District - Muzaffarpur. 37.
Umesh Kumar son of Bishwanath Sah, resident of village and P.O. Fatehabad, P.S. Paroo, District- Muzaffarpur presently working as Headmaster, Upgraded Middle School, Manjhaulia South, Anchal- Paroo, District - Muzaffarpur.
38.
Shatrughan Prasad son of Late Ram Ayodhya Prasad, resident of village and P.O. Dharfari, P.S. Deoria, District Muzaffarpur presently working as Headmaster, Upgraded Middle School, Chiknauta Anchal- Marwan, District - Muzaffarpur.
39.
Vinod Kumar son of Late Ramashray Sahani, resident of village and P.O. Dharphari, P.S. Deoriya, District - Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Chand Kewari, South, AnchalParoo, District - Muzaffarpur. 40.
Ranjeet Kumar son of Late Suryadeo Prasad, resident of villageDamodarpur, P.S. Kanti, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Bharra Hindi, Anchal- Marwan, District - Muzaffarpur.
41.
Shatrughan Kumar son of Jagdeo Pandit, resident of village- Gopalpur Gopal, P.O. Sharfuddinpur P.S. Bochahan, District Muzaffarpur presently working as Headmaster, Nationalized Upgraded Middle School, Hamidpur Anchal- Bochahan, District Muzaffarpur.
42.
Sudhir Kumar Suman son of Ram Bahadur Ram resident of villageSahwazpur, P.S. Ahiyapur, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Bara Jagannath Anchal- Mushahari, District - Muzaffarpur.
43.
Manoj Kumar son of Maheshwar Prasad Sahani, resident of village- Vijay Chapra P.O. Bhikhanpur, P.S. Ahiyapur, District Muzaffarpur presently working as Headmaster, Nationalized Upgraded Middle School, Vijay Chapra P.S. Kanti, District Muzaffarpur 44.
Krsihna Nandan Sahani son of Ram Dhyan Sahani, resident of villageSohijan, P.S. Hathauri, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Berai, Tekuna Tola North, AnchalKatra, District - Muzaffarpur. 45.
Manoj Kumar son of Sri Satyanarayan Prasad, resident of villageMahaddipur, P.O. Dholi, P.S. Sakra, District - Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Dihuli Goait, AnchalSakra, District - Muzaffarpur. 46.
Md. Imranuddin son of Late Mahmmod Hassan, resident of MohallaChitraguptpuri, Maripur, P.S. Kazi Mohammadpur, District- Muzaffarpur presently working as Headmaster Nationalized Upgraded Middle School, Bhutane Urdu, Anchal- Bochahan, District -Muzaffarpur. 47.
Satya Prakash Gupta son of Late Vishwanath Prasad Gupta, resident of Kanhauli Khadi Bhandar Road, P.O. Ramna, P.S. Mithanpura District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Headquarter Mushahari, Anchal- Mushahari, District - Muzaffarpur. 48.
Vinay Kumar son of Late Braj Kishore Singh, resident of village Kanhauli
5/12 Bawan Bigha, Road No.2, P.O. Ramna P.S. Mithanpura, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Mushahari Farm, Anchal- Mushahari, District -Muzaffarpur. 49.
Md. Islam Ansari son of Md. Ismile Ansari, resident of village- Muraliya Chak (Nempur), P.O. Raini, P.S. Sakra, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Muslim Tola, Mahmadpur Badal Anchal-Muraul, District- Muzaffarpur. 50.
Jitesh Kumar son of Ramnath Singh, resident of Mohalla- Malighat, Chunna Bhathi Road, P.S. Mithanpura, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Dardha Anchal- Muraul, District - Muzaffarpur.
51.
Hari Kishore Rai son of Sri Maheshwar Rai, resident of village- Sadikpur Muraul, P.S. Sakra, District Muzaffarpur, presently working as Headmaster, Middle School, Abdulpur Raini, Anchal- Muraul, District - Muzaffarpur. 52.
Ajay Kumar son of Bbaulal Ray, resident of village and P.O. Keshopur, P.S. Sakra, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Sirajabad, Anchal- Sakra, District Muzaffarpur. 53.
Sanjay Kumar son of Sri Suryadeo Prasad, resident of village- Majhaulia, P.S. Sakra, District Muzaffarpur, presently working as Headmaster Upgraded Middle School, Chakrawe Maniyari, Anchal- Sakra, District - Muzaffarpur. 54.
Mohd. Hasnain son of Md. Yunus, resident of village- Paharpur, P.S. Sakra, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Simra, Anchal- Sakra, District - Muzaffarpur. 55.
Gopal Sharma son of Ramji Sharma resident of village- Atardah, P.O. Ramna P.S. Muzaffarpur Sadar, District - Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Pokhraira. Anchal -Kurhani, District - Muzaffarpur.
56.
Md. Jabbar Rain son of Md. Suit Rain, resident of village- Birrakh, P.S. Sursand, District Sitamarhi, presently working as Headmaster Upgraded Middle School, Budhnagra, Gandakpar, Anchal- Mushahari, District - Muzaffarpur.
57.
Baban Prasad Singh son of Kunwar Singh, resident of village- Sohansi, P.O. Sohansa P.S. Deoria, District Muzaffarpur, presently working as an Assistant Teacher, Upgraded Middle School, Hasan Chak Bangra, Anchal- Mushahari, District - Muzaffarpur.
58.
Sanjay Kumar son of Late Deolal Singh, resident of village- Muzaffara Kamtaul, P.S. Kudhani, District Muzaffarpur, presently working as Headmaster, Nationalized Middle School, Kishunpur Mohini, AnchalKudhani, District-Muzaffarpur. 59.
Chaturbhuj Choudhary son of Late Saryug Choudhary, resident of villageMorenisf, P.S. Turki, District Muzaffarpur presently working as Headmaster, Middle School, Siuri Aima Anchal-Saraiya, District - Muzaffarpur. 60.
Dilip Kumar son of Late Nagendra Paswan, resident of village and P.O. Sakari Saraiya, P.S. Kudhani (Turki), District Muzaffarpur, presently working as Headmaster Upgraded Middle School, Anchal- Kudhani, District - Muzaffarpur.
6/12 61.
Archana Kumari wife of Amlesh Kumar, resident of Mohalla - Gannipur, Mishra Tola, P.S. Kazi Mohammadpur, District - Muzaffarpur, presently working as Headmistress Upgraded Middle School, Raghunatpur Madhuban, Anchal- Kurhani District Muzaffarpur. 62.
Jay Narayan Sinha son of Late Ramprit Singh, resident of villagePokhariyapir. Atardah. Ward No.2, P.S. Muzaffarpur Sadar, District - Muzaffarpur presently working as Headmaster, Nationalized Upgraded Middle School, Sahdullapur Hindi, Anchal Sakra, District-Muzaffarpur. 63.
Mahesh Prasad son of Late Ramvilas Ray, resident of village- Sakra Faridpur, P.O. Dholi, P.S. Sakra, District Muzaffarpur presently working as Headmaster Upgraded Middle School, Bajitpur Ashok, Anchal- Sakra, District-Muzaffarpur.
64.
Diwakar Kumar son of Mahendra Prasad Chaudhary, resident of villageGorai, P.S. Aurai, District Muzaffarpur , presently working as Headmaster, Upgraded Middle School, Maheshwara, Anchal-Aurai, District - Muzaffarpur.
65.
Pramod Kumar Singh son of Chandradeo Prasad Singh , resident of villageDeokuli Bujurg, P.S. Aurai, District - Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Kokilwara West, Anchal- Aurai, District - Muzaffarpur 66.
Pawan Kumar Singh son of Ram Dayal Singh, resident of village- Rajpur, P.S. Shahpur Patori District Samastipur presently working as Headmaster, Nationalized Middle School, Shahpur Maricha, P.S. Kudhani, District - Muzaffarpur.
67.
Kumar Prabhakar son of Satyanarain Prasad Gupta, resident of MohallaAtardah Transformer Gali, P.O. Ramna, P.S. Muzaffarpur Sadar, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Basant Kharauna, Anchal Kudhani District - Muzaffarpur. 68.
Priyatosh Kumar son of Sri Dharmnath Thakur, resident of villageMahmadpur Alam, PO. Bhakhari, P.S. Maniyari, District Muzaffarpur presently working as Headmaster, Nationalized Upgraded Middle School, Subadhiya Noor, Anchal- Kudhani, District - Muzaffarpur. 69.
Zeenat Praveen wife of Md. Soeb Alam, resident of Mohalla- Jakaria Colony, Sadpura, P.S. Kazi Mohammadpur District Muzaffarpur presently working as Assistant Teacher, Nationalized Girls Middle School, Sadpura Hindi, Anchal Mushahari, District Muzaffarpur. 70.
Farhana Zaheer wife of Md. Israfil, resident of Mohalla- Kamra, Lakari Dhai Lane, P.S. Muzaffarpur Town, District - Muzaffarpur, presently working as Headmaster, Nationalized Urdu Middle School, Chak Abdul Wahid, Town Area, Anchal- Mushahari, District Muzaffarpur. 71.
Shailendra Kumar Pandey son of Damodar Pandey, resident of villageTeliya, P.O. Nabiganj Bazar, P.S. Lakari Nabiganj, District Siwan presently working as Assistant Teacher, Upgraded Middle School, B.M.P. Compound Nagar Area, Anchal- Mushahari District - Muzaffarpur. 72.
Renu Chaudhary wife of Pawaneshwar Mahto resident of Mohalla- Jail Chowk, Amrud Bagan, P.S. Mithanpura, District Muzaffarpur, presently working as Assistant Teacher, Model Upgraded Middle School, B.M.P.
7/12 Compound Town Area, Anchal- Mushahari, District - Muzaffarpur. 73.
Krishna Kumar son of Shree Shankar Chaudhary, resident of Kanhauli Khadi Bhandar, P.O. Ramna, P.S. Mithanpura, District Muzaffarpur, presently working as Headmaster, Nationalized Upgraded Middle School, B.M.P. Compound Town Area, Anchal- Mushahari District -Muzaffarpur. 74.
Pramod Paswan son of Late Baidyanath Paswan, resident of village, P.O. and P.S. Karja, District Muzaffarpur, presently working as Headmaster Upgraded Middle School, Chainpur Mahmadpur Khaje Anchal- Marwan, District - Muzaffarpur.
75.
Shishir Kumar son of Late Anirudh Sah, resident of village and P.O. Damodarpur, P.S. Kanti, District - Muzaffarpur, presently working as Assistant Teacher, Upgraded Middle School, Sonebarsa, Anchal- Kanti District - Muzaffarpur.
76.
Sunil Kumar son of Sri Ramjeevan Ram resident of Bhagwanpur, High School Road, P.O. Bhagwanpur, P.S. Muzaffarpur Sadar, District Muzaffarpur, presently working as Headmaster, Upgraded Middle School, Rampur Lakshmi, Anchal Kanti, District Muzaffarpur. 77.
Sunil Kumar son of Late Shyam Nandan Bhagat, resident of village- Dhodhi Ratan, P.S. Kurhani, District Muzaffarpur presently working as Headmaster, Upgraded Middle School, Keshopur Pokhar, Anchal- Kudhani, District - Muzaffarpur.
78.
Santosh Kumar son of Late Laxmi Narayan Singh, resident of village- Gauri Pundah, P.S. Fatuha, District - Patna, presently working as Headmaster, Upgraded Middle School, Baghi Madho, Anchal- Kudhani District - Muzaffarpur.
79.
Shani Kumar son of Sri Prabhu Paswan resident of village and P.O. Susta, P.S. Muzaffarpur Sadar, District - Muzaffarpur, presently working as Headmaster, Upgraded High Middle School, Chhitrauli Anchal- Kudhani, District - Muzaffarpur.
80.
Gopal Prasad son of Late Gauri Shankar Prasad, resident of Mohalla- New Colony Balughat, Road No.3, P.S. Muzaffarpur Town, District Muzaffarpur, presently working as Headmaster, Middle School, Kanti Kasba, AnchalKanti, District - Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Education Department, Government of Bihar, Patna.
3.
The Director, Primary Education Education Department, Government of Bihar, Patna 4.
The District Education Officer, Muzaffarpur District -Muzaffarpur 5.
The District Programme Officer (Establishment), Muzaffarpur District - Muzaffarpur ... ... Respondent/s ======================================================
8/12 Appearance :
For the Petitioner/s :
Mr. S.B.K. Mangalam, Adv.
For the Respondent/s :
Mr. Kumar Manish, SC-5 Mr. Prashant Kumar, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 19-01-2026 Heard the parties.
2. The batch of the writ petitioners have invoked the jurisdiction of this Court seeking a direction upon the respondent authorities for extending the benefits of Trained Teachers Pay Scale with effect from the date when they were relieved from their respective Teachers Training College after completing their in-service training. By making modification of previous orders in this regard by which the petitioners have been granted the benefit of Trained Teachers Pay Scale with effect from the date of publication of result of their Teacher's Training.
3. Mr. Mangalam, learned Advocate for the petitioners submitted that the issue with regard to extending the benefit of Trained Teachers Pay Scale with effect from the date from their relieving from respective Teachers Training College has been set at rest by a co-ordinate Bench of this Court in the case of Kishor Kumar & Ors vs. The State of Bihar & Ors., C.W.J.C. No. 16165 of 2019 wherein the Court in no uncertain terms held as follows:-
9/12 i) If there is no dispute that the petitioners were sent for training in academic sessions 2013-15 and the course was completed in May, 2017, there is no reason to deny the benefit of trained scale to these petitioners with effect from May, 2017 when the course was completed as the petitioners have completed their training but for the reason best known to the respondents the examination was not held in time and the result was published belatedly along with the junior batch.
ii) Considering the aforesaid, the writ petition is disposed of with a direction to the Director, Primary Education to consider the case of the petitioners and grant the benefit from the date of completion of training to the petitioners as the lapses on the part of the respondents cannot be a ground to deny the benefit of trained pay scale.
It is now well settled that one cannot take advantage of his own wrong in defeating the genuine claim. Chief Justice Chhagla of Bombay High Court in the case of All India Groundnut Syndicate Ltd. Vs.
Commissioner of Income Tax, Bombay City: AIR 1954 Bom. 232 has occasion to settle the principle on the similar line there is judgment of the Apex Court in the case of State of Maharashtra Vs. Jagannath Achyut Karandikar: AIR 1989 SC 1133. The respondents have to take decision granting benefit of trained scale to the
10/12 petitioners with effect from the date of completion of their training i.e. May, 2017. Necessary decision in this regard with all consequential monetary benefits must be taken by the Director, Secondary Education within a period of sixty days from the date of receipt/production of a copy of this order."
4. Taking this Court through the afore-noted decision it is further contended that identically situated persons have approached this Court by filing different writ petitions including C.W.J.C. No. 7006 of 2024 which also came to be disposed off in identical terms and out of many, several persons have been allowed the benefit of Trained Teachers Pay Scale with effect from the date when they were relieved from the respective Teachers Training College, but discrimination has been caused and the petitioners have been left untouched. Attention of this Court has been drawn upon Annexure P/4, the order issued by the District Programme Officer, Establishment, Gaya under Memo No. 383 dated 03.04.2025. However, the authorities have again committed a misdeed by observing in the order that the same shall not be treated as a precedence. The aforesaid observation made by the concerned authorities is said to be in derogation or in complete defiance to the order of this Court, once the order passed by this Court is not in personem, rather in
11/12 rem.
5. The State being a model employer, is bound to follow its decision and once they have come out with the Bihar State Litigation Policy, 2011, the responsibilities have been cast upon the competent authority to grant similar benefits to the petitioners, if in identical situation others have been allowed the benefits in terms with the order of this Court.
6. A counter affidavit has been filed on behalf of respondent no. 6, however there is no whisper with respect to the contention as raised in the writ petition to the extent wherein the petitioners have placed reliance upon a decision passed by learned co-ordinate Bench of this Court in the case of Kishor Kumar & Ors. (supra).
7. Having considered the submissions advanced by learned Advocate for the respective parties, this Court finds that the counter affidavit filed on behalf of the respondent no. 6 does not answer the contention raised by the petitioners.
8. In view of the aforesaid facts, this Court directs the respondent nos. 5 and 6 to consider the claim of the petitioners in the light of the decision rendered by this Court afore-noted, keeping in view the submissions made by the petitioners that others have been allowed the benefit of Trained Pay Scale, with
12/12 effect from the date when they were relieved from their respective Teachers Training College after completing their inservices training, preferably within a period of twelve weeks.
9. Suffice it to observe that if the claim of the petitioners find favour, necessary consequential order must be followed.
10. The writ petition stands disposed off.
(Harish Kumar, J) supratim/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.01.2026 Transmission Date NA