Ishteyaque Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13537 of 2025 ====================================================== Ishteyaque Ahmad Son of Late Md. Masoud Alam @ Late Md. Masood Alam Resident of Village and Post Office- Garha Ward No.- 4 Via- Janakpur Road, Police Station- Pupri, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2.

The Director, Primary Education, New Secretariat, Government of Bihar, Patna.

3.

The Regional Deputy Director of Education, Muzaffarpur. 4.

The District Education Officer, Sitamarhi.

5.

The District Programme Officer (Establishment), Sitamarhi. 6.

The District Accounts Officer, Sitamarhi.

7.

The Block Education Officer, Pupri, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. Addl. Advocate General (03) Mr. Suman Kumar Jha, AC to AAG-03 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 28-08-2025 Learned counsel for the petitioner and learned counsel for the State are present.

2. The petitioner has filed the present writ petition for the following reliefs :- "I) For that the concerning Respondents may be directed to grant Matric Trained Scale on completion of three years from the date of joining of the petitioner as Primary School Teacher in Primary School, Mirjapur, Pupri Sitmarhi with all consequential benefit where as no payment of

Patna High Court CWJC No.13537 of 2025(2) dt.28-08-2025 2/3 Matric Trained Scale has been made to the petitioner.

II) For that the concerning respondent may be directed to make payment of arrears to the petitioner on completion of three years from the date of joining as teacher like dated 4/11/1997. III) For any other relief/reliefs may also be provided to the petitioner if the petitioner deserves the same."

3. It is the case of the petitioner that the petitioner has already acquired three years of training for grant of Matric Trained Scale but despite training having been obtained from the date when he was sent for taking such training and pursuant to such training having been obtained by him in the year 2010, the benefits which was supposed to have been extended from the date of initial joining, i.e. from 2001, has not been granted.

4. Taking cue from the order dated 11.04.2018 passed by this Hon'ble Court in C.W.J.C. No.7322 of 2017, appended as Annexure-P-5, which goes to show that it is the prerogative of the authorities concerned, to send these teachers for training and once the training is completed and the certificate to this effect is submitted by them, in such event, it was obligatory on the part of the authorities to have granted the trained pay scale from the date it became applicable and is due.

Patna High Court CWJC No.13537 of 2025(2) dt.28-08-2025 3/3

5. Since, it is the case of the petitioner that initial appointment was in the year 1997 and after three years of training, the trained pay scale should have been made applicable in the year 2001, and as such, for grant of trained pay scale, the petitioner has filed the representation and also proposes to file a detailed representation which deserves consideration within a period of eight weeks, which shall be considered in accordance with law and benefit, if any, accrues, the effective date may be shifted to the date from which he is entitled, within a period of four weeks from the date of such adjudication by the authorities.

6. Accordingly, the writ petition stands disposed off. (Ajit Kumar, J) sharun/- U