Priyanka Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.658 of 2026 ====================================================== 1.

Priyanka Kumari Wife of Late Dablu Kumar, D/o Sakendra Mishra, Resident of Village- Ahiroliya, Rajapur, P.S- Kotwa, District- East Champaran, Motihari at present posted at N.P.S. Schedule Cast Vriti Tola, Rajapur, Block- Kotwa, District- East Champaran, Motihari. 2.

Abha Devi, Wife of Late Ashok Kumar Verma, Resident of Mohalla- Gyatri Nagar, Ward No.36, P.S., Town, District- East Champaran, Motihari at present posted G.M.S. Rajapur Panchayat, Ahiraliya, P.S.- Kotwa, DistrictEast Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Addl. Chief Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Government of Bihar, Patna. 4.

The Regional Deputy Director of Education, Muzaffarpur. 5.

The District Education Officer, East Champaran, Motihari. 6.

The District Programme Officer (Estab.), East Champaran, Motihari. 7.

The Block Education Officer, Kotwa, East Champaran, Motihari. 8.

The Panchayat Secretary-cum-Teacher Emploment Committee, Ahirouliya Block- Kotwa, East Champaran, Motihari.

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

Mr. Sumit Kumar Gupta, Adv.

Ms. Isha Mishra, Adv.

For the Respondent/s :

Mr. Vivek Prasad, GP7 Mrs. Manisha Singh, AC go GP7 Ms. Mita Kumari, Assisting GP7 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-01-2026 In this writ application, the petitioners have prayed for the following relief:-

2/4 "1. That this writ application is being filed for following reliefs:- i) For issuance of writ nature of nature of mandamus for direction to the respondents pay the arrear of salary to the petitioners from 22.05.2019 to June, 2024 for which petitioners filed an application before the Respondents, on the ground, they have completed D.El.Ed. training from the Session 2017-19 from NIOS (National Institute of Open Schooling) and passed in the year 2019.

ii) For further issue direction to the Respondents to pay the arrear of the salary from 22.05.2019 to June, 2024 on the ground similarly situated other teachers, who have completed training from the NIOS in the session 2017-2019.

iii) For further issue direction to the respondents to pay due arrear of salary to the petitioners along with the 8% interest per annum to till date of full and final payment.

iv) For further give other legal consequential benefit to the petitioners to the attached to the post of her husband."

2. Learned counsel for the petitioners submits that for payment of arrears of salary to the petitioners, which are said to have completed D.El.Ed. training for the session 2017-2019 from National Institute of Open Schooling and having completed the said training in the year 2019, still, for no obvious reason, the same benefits have not been allowed in

3/4 favour of the petitioners, while others similarly situated persons, in different districts, have been allowed the same. It is next submitted that for getting their claim adjudicated in terms of the training so obtained from recognized institution, representations have already been filed by the petitioners vide Annexure-5 Series, which are still pending for consideration.

3. On the other hand, learned counsel, representing the State, submits that if such representations are still pending then the authority concerned may be directed to adjudicate the same.

4. Considering the submissions of the parties, this Court finds it appropriate to direct the respondent no.6, the District Programme Officer (Estab.), East Champaran, Motihari, to adjudicate the claim of the petitioners, who are directed to file detailed representation, appending supporting materials within a period of four weeks from today.

5. It is expected that on filing of such representations by the petitioners, the respondent no.6 shall adjudicate the same within a further period of six weeks. After adjudication, if the petitioners are found entitled in similar terms as that have been allowed in favour of other similarly situated persons of different district, the same benefits shall also be extended to the

4/4 petitioners within the same period.

5. With the aforesaid observations and direction, the writ application stands disposed of.

(Ajit Kumar, J) rishi/- U