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Patna High Court

Shyam Nandan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must be granted the Trained Teachers Pay Scale from the date of completion of their training, in accordance with the earlier High Court decision.

Summary

A batch of 80 teachers from Muzaffarpur district filed a writ petition seeking that the State of Bihar grant them the Trained Teachers Pay Scale from the date they were relieved from their teachers' training colleges, i.e., the date of completion of in‑service training. The petitioners relied on a prior Patna High Court decision (Kishor Kumar & Ors. v. State of Bihar, C.W.J.C. No. 16165 of 2019) which held that the benefit must be given from the training completion date when the result was delayed through no fault of the teachers. The respondents argued that the earlier order was not binding and cited a counter‑affidavit, but the Court found the affidavit insufficient. The Court directed the District Programme Officer and the Director of Primary Education to grant the pay‑scale benefit to the petitioners, consistent with the earlier judgment, within a stipulated period. The writ petition was consequently disposed in favour of the petitioners.

Issues considered

  • Whether teachers who completed in‑service training are entitled to the Trained Teachers Pay Scale from the date of training completion despite delayed result publication.
  • Whether the State can disregard a prior High Court order and treat it as non‑precedential.
  • Whether the differential treatment of similarly situated teachers violates the principle of equality.

Subjects

  • Trained Teachers Pay Scale
  • Equal treatment
  • Writ petition
  • Civil writ jurisdiction
  • State employer
  • Bihar State Litigation Policy 2011
  • Discrimination
  • Judicial precedent

Judgment

         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 village-
      Kakarachak, 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, District-
     Muzaffarpur 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, Anchal-
     Kanti, District - Muzaffarpur.
8.   Vijay Kumar Thakur son of Ramswarth Thakur, resident of village-
     Loharkha, 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, Tola-
    Bahadurgadh, 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
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        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 village-
      Shambhunathpur, 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 village-
      Manikpur 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 Mohalla-
      Pakki 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 Mohalla-
      Malighat, 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 Mohalla-
      Sikandarpur New Area, P.S. Muzaffarpur Town, District - Muzaffarpur, the
      retired Headmaster, Nationalized Upgraded Middle School, Sanahi, Anchal-
      Bochahan, 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,
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        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 village-
      Muhabbatpur, 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 Mohalla-
      Govindpuri 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 Mohalla-
      Shramjeevi Nagar ( Near Prabhat Tara Girls School), Bhagwanpur, P.S.
      Muzaffarpur Sadar, District Muzaffarpur, presently working as Headmaster,
      Upgraded Middle School, Makdumpur Kodariya Gwala Tola, Anchal-
      Marwan, 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, Anchal-
      Marwan, 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, District-
      Muzaffarpur.
  36. Arvind Kumar son of Late Ram Narayan Sah, resident of village- Jhapha
      (Manjhaulia), P.O. Jhaphan, P.S. Ahiyapur, District - Muzaffarpur, presently
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        working as Headmaster, Upgraded Middle School, Mohanpur, Anchal-
        Minapur, 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, Anchal-
      Paroo, District - Muzaffarpur.
  40. Ranjeet Kumar son of Late Suryadeo Prasad, resident of village-
      Damodarpur, 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 village-
      Sahwazpur, 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 village-
      Sohijan, P.S. Hathauri, District Muzaffarpur, presently working as
      Headmaster, Upgraded Middle School, Berai, Tekuna Tola North, Anchal-
      Katra, District - Muzaffarpur.
  45. Manoj Kumar son of Sri Satyanarayan Prasad, resident of village-
      Mahaddipur, P.O. Dholi, P.S. Sakra, District - Muzaffarpur, presently
      working as Headmaster, Upgraded Middle School, Dihuli Goait, Anchal-
      Sakra, District - Muzaffarpur.
  46. Md. Imranuddin son of Late Mahmmod Hassan, resident of Mohalla-
      Chitraguptpuri, 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
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        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, Anchal-
      Kudhani, District-Muzaffarpur.
  59. Chaturbhuj Choudhary son of Late Saryug Choudhary, resident of village-
      Morenisf, 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.
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  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 village-
      Pokhariyapir. 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 village-
      Gorai, 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 village-
      Deokuli 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 Mohalla-
      Atardah 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 village-
      Mahmadpur 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 village-
      Teliya, 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.
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        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, Anchal-
      Kanti, 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
       ======================================================
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       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:-
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                                         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
Patna High Court CWJC No.13484 of 2025 dt.19-01-2026
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                                         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
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         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
             Patna High Court CWJC No.13484 of 2025 dt.19-01-2026
                                                       12/12




                      effect from the date when they were relieved from their

                      respective Teachers Training College after completing their in-

                      services 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


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