Patna High Court
Anand Kishor SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court did not grant immediate relief but directed the petitioners to file a detailed representation and disposed of the writ petition pending that filing.
Summary
Thirteen petitioners, all teachers employed by the Bihar Education Department, filed a writ petition seeking the grant of the matric trained pay scale after completing three years of service, alleging that they were denied the benefit due to the department's delay in sending them for in‑service training. They relied on the precedent set in Abdus Samad v. State of Bihar (C.W.J.C. No.7322 of 2017), where similarly situated persons were awarded the same benefits. The State argued that the earlier judgment had attained finality and that the petitioners' representation should be dismissed. The Court directed the petitioners to file a detailed representation, attaching all supporting material and the earlier court order, within four weeks, after which the merits would be adjudicated and a decision rendered within eight weeks. Consequently, the writ petition was disposed of pending the filing of the representation.
Issues considered
- Whether the petitioners are entitled to the matric trained pay scale under the same criteria as similarly situated persons.
- Whether the precedent set in Abdus Samad v. State of Bihar is applicable and binding on the present petition.
- Whether the writ petition should be dismissed outright or the petitioners should be given an opportunity to file a detailed representation.
Subjects
- trained pay scale
- in‑service training
- writ petition
- education department
- equal treatment
- representation
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1370 of 2026
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1. Anand Kishor Singh Son of Late Raghav Singh, resident of Ward No.26,
Baluatal near Sapahi Devi Mandir, P.S.- Motihari Town, District- East
Champaran.
2. Suman Kumar Shrivastava Son of Late Shambhu Saran Shrivastava, resident
of Village- Chintawanpur, P.S.- Mehsi, District- East Champaran.
3. Chitranjan Kumar Rao Son of Late Ramlochan Rao, resident of Village-
Khushi Tola, P.S.- Bairiya, District- West Champaran.
4. Pran Ranjan Prasad Son of Late Lal Narain Prasad, resident of Mohalla-
Kalibagh, Bettiah, P.S.- Kalibagh O.P., District- West Champaran.
5. Renu Verma Wife of Late Nand Kishore Prasad Shrivastav, resident of
Kalibag Ghusukpur, P.S.-Kalibag O.P., District- West Champaran
6. Hrishekesh Kumar Singh Son of Late Vijay Bahadur Singh, resident of Ward
No.5 Machharganwa Bazar, P.S. Yogapati, District- West Champaran.
7. Rajnish Kumar Son of Late Satyanarayan Sinha, resident of Kolhua Chowk
Mithan Saray Road, P.S.- Ahiyapur, District- Muzaffarpur.
8. Pranav Kumar Son of Late Ram Vivek Chaudhary, resident of Village-
Dihbuchauli, P.S.- Jandaha, District- Vaishali.
9. Rajesh Ram Son of Late Jaigovind Ram, resident of Ward No.31, Ambedkar
Colony, Baswariya, P.S.- Bettiah, District- West Champaran.
10. Manoj Kumar Son of Late Chandra Shekhar Prasad Sinha, resident of
Lauria, P.S.-Lauria, District- West Champaran.
11. Ajeet Kumar Son of Late Yugal Kishore Ray, resident of Naya Tola
Technical Chowk, P.S.- Muzaffarpur Town, District- Muzaffarpur.
12. Vinay Kumar Tiwari Son of Late Braj Kishor Tiwari, resident of Mohalla-
Wideshee Tola, P.S.- Thawe, District- Gopalganj.
13. Kumud Ranjan Son of Jayshri Lal Chaudhari, resident of Village- Bholuhai,
P.S.-Shikarganj, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, New Secretariat, Patna.
2. Principal Secretary, Finance Department, Government of Bihar, Old
Secretariat, Patna.
3. Director, Primary Education, Education Department, New Secretariat, Patna.
4. Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
5. Regional Deputy Director of Education, Saran Division, Saran.
6. Regional Deputy Director of Education, Patna Division, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratap Sharma, Advocate
For the Respondent/s : Mr. Standing Counsel (20)
Mrs. Puspanjali Sharma, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
Patna High Court CWJC No.1370 of 2026(2) dt.29-01-2026
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ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
For issuance of an appropriate writ/writs,
order/orders, direction/directions for grant of
matric trained scale to the petitioners on
completion of 3 years from the date of joining of
the petitioners along with all consequential
benefits by quashing the order dated 30.06.2023 as
contained in memo No. 1034 whereby and
whereunder similarly situated persons to the
petitioners have been granted the aforesaid
benefits but the petitioners have been denied for
the same on account of lapse of the respondents in
sending for in service training belatedly and for
other necessary relief/reliefs on the basis of facts
and circumstances of the case.
3. Learned counsel for the petitioners, by referring to
the judgment / order passed in the case of Abdus Samad v. The
State of Bihar and Others vide C.W.J.C. No.7322 of 2017,
submits that his case is squarely covered by the aforementioned
case and representation for grant of trained pay scale, has
already been made, but the same has still not been considered. It
has next been submitted that similarly situated persons have
been granted such benefits vide Annexure-P/10 but for no
prudent reason, the claim of this petitioner has not been
Patna High Court CWJC No.1370 of 2026(2) dt.29-01-2026
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considered / adjudicated.
4. On the other hand, learned counsel for the State
submits that the representation filed by the petitioner may be
directed to be disposed of, in light of the judgment passed by a
Co-ordinate Bench of this Court in the case of Abdus Samad
(supra), which is said to have attained finality.
5. Considering the submissions of the parties, this
Court finds it proper to direct the petitioner to file a detailed
representation referring to the earlier representation before the
Respondent No.3, Director, Primary Education, Education
Department, New Secretariat, Patna, appending all supportive
materials, including the order passed by this Court, within a
period of four weeks and on filing of such representation, the
case of the petitioner shall be adjudicated on its own merits,
referring to the adjudication, which is said to have been made in
the case of other similarly situated persons and finding his claim
to be justified, necessary decision extending the benefits shall be
taken within a further period of eight weeks.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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