Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14750 of 2025 ====================================================== Ashok Kumar, Son of Late Mahendra Narayan Yadav, Resident of Ward no 04, Ghoghan Patti, PO and PS Golma, District Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

3.

The District Education Officer, Supaul.

4.

The District Programme Officer, Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Mohan, Adv.

For the Respondent/s :

Mr. Yogendra Prasad Sinha, AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-09-2025 Heard the parties.

2. The petitioner has invoked the jurisdiction of this Court seeking issuance of a writ in the nature of mandamus commanding upon the concerned respondents to grant Trained Teachers Pay Scale with effect from 07.09.1999, when the petitioner has completed 8 years of service in view of the order/judgment rendered in C.W.J.C. No. 15610 of 2018 (Raghvendra Sharma & Ors. Vs. The State of Bihar & Ors.). The petitioner also sought a direction to revise the pay scale in pursuant to his promotion to the post of Headmaster on 13.10.2023, as well as grant of arrears from the date of joining in revised Pay Scale with interest.

Patna High Court CWJC No.14750 of 2025(2) dt.09-09-2025 2/3

3. Mr. Rajesh Mohan, learned Advocate for the petitioner submitted that notwithstanding the above noted settled legal position as crystallized in C.W.J.C. No. 15610 of 2018, as also the admitted fact, the petitioner was promoted to the post of Headmaster on 13.10.2023, he has been deprived from all the consequential monetary benefits. For redressal of the grievance, the petitioner also filed representation, but to no effect. One of the representation has been placed on record as Annexure P/6 to the writ petition.

4. Learned Advocate for the State submits that since the petitioner has already approached before the authority concerned, who shall consider the claim of the petitioner in accordance with law.

5. Having considered the submissions set forth by learned Advocate for the respective parties and taking note of the relief sought for in the present writ petition, this Court deems it fit and proper to dispose off the writ petition, with a direction to the District Education Officer, Supaul to take up the claim of the petitioner as raised in Annexure P/6 to the writ petition and bring to its logical conclusion in the light of the decision rendered by this Court, aforenoted, as also the fact the petitioner has been promoted to the post of Headmaster way

Patna High Court CWJC No.14750 of 2025(2) dt.09-09-2025 3/3 back on 13.10.2023, preferably within a period of 10 weeks' from the date of receipt/production of a copy of this order.

6. Suffice it to observe that if the grievance of the petitioner finds favour, necessary order for monetary benefit shall also be issued.

7. The writ petition stands disposed.

(Harish Kumar, J) supratim/- U