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Patna High Court

Dhananjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application is disposed of by granting the petitioner liberty to file representation before the Director and directing the Director to decide the matter within six months, with a reasoned order.

Summary

The petitioner, Dhananjay Kumar, sought a writ directing the Director of Primary Education, Bihar to grant him the trained pay scale and arrears of salary from the date of his B.Ed. appointment, relying on memo No.1790 dated 16.10.2024 and a prior case (C.W.J.C. No. 9416 of 2019). The petitioner also requested a mandamus for the Director to entertain his representation and decide within a fixed period. The respondents raised no objection to the limited relief sought. The Court, with the parties' consent, disposed of the writ by granting the petitioner liberty to file a representation before the Director within one month and directing the Director to dispose of the representation within six months, with a reasoned order and, if relief is warranted, to implement it within two weeks. No substantive determination on the entitlement to the trained pay scale or arrears was made.

Issues considered

  • Whether the petitioner is entitled to the trained pay scale and salary arrears as per memo No.1790 and the precedent C.W.J.C. No. 9416 of 2019.
  • Whether the Court can issue a mandamus directing the Director of Primary Education to entertain the petitioner's representation and decide within a stipulated time.

Subjects

  • writ jurisdiction
  • trained pay scale
  • salary arrears
  • mandamus
  • representation
  • education department
  • public service

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.1442 of 2026
                 ======================================================
                 Dhananjay Kumar Son of Yogendra Prasad Resident of Village- Chakrahima,
                 Post- Jaitiya, P.S.- Gaurichak, District- Patna, Bihar.
                                                                            ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar through Additional Chief Secretary, Department of
                  Human Resource Development, Bihar, Patna.
           2.    Additional Chief Secretary, Department of Human Resource Development,
                 Bihar, Patna.
           3.    The Director, Department of Primary Education, Government of Bihar,
                 Patna.
           4.    District Programme Officer (Estd.), Patna.
           5.    District Education Officer, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr.Mrityunjay Kumar, Advocate
                                               Mr. Abhas Chandra, Advocate
                 For the Respondent/s    :     Ms. Vijya Laxmi Srivastava, A.C. to S.C.-23.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   31-01-2026                      Heard learned counsel for the petitioner and learned

                   counsel appearing on behalf of the respondent-State.

                                 2. With consent of the parties, the present writ

                   application is being disposed of at this stage itself.

                                 3. The petitioner in the present writ application has

                   prayed for grant of following relief :-

                                       (a) Directing to respondents No.-3, i.e., Director,
                            Primary Education Bihar Patna to give the Trained pay
                            scale to the petitioner from the date of his
                            appointment/publication of result of his B.Ed. Course, in
                            the light of memo No.1790 dated 16.10.2024 as the
                            petitioner claim is at par with the petitioner of C.W.J.C.
                            No. 9416 of 2019.
                                       (ii) For further be pleased to issue writ in nature
                            of Mandamus directing to the respondent No.3 to make the
Patna High Court CWJC No.1442 of 2026(2) dt.31-01-2026
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                  payment of arrears of salary calculated on the basis of the
                  trained pay sale of the petitioner.
                             (iii) For further be please to issue any other
                  appropriate writ/ writs order/ orders, Direction/ Directions
                  or command/ commands to respondent authorities concern.

                      4. After advancing some argument, learned counsel for

          the petitioner submits that for the aforesaid relief claimed in the

          present writ application, the petitioner is prepared to file detail

          representation before the Director, Primary Education, Department,

          Govt. of Bihar, Patna (respondent No.3). He accordingly prays that

          the petitioner would be satisfied if an appropriate direction could be

          issued by this Court to Director, Primary Education, Department,

          Govt. of Bihar, Patna (respondent No.3) to entertain his application

          and dispose of the same after giving an opportunity of hearing to

          the petitioner within a fixed time frame.

                      5. To the aforesaid submissions made by learned counsel

          for the petitioner, learned counsel appearing on behalf of the

          respondent-State do not have any objection.

                      6. Considering the limited nature of prayer being made

          by learned counsel for the petitioner, this writ application stands

          disposed of granting liberty to the petitioner to file representation

          before the Director, Primary Education, Department, Govt. of

          Bihar, Patna (respondent No.3) within one month from the date of

          passing of this order and if such representation is filed by the
            Patna High Court CWJC No.1442 of 2026(2) dt.31-01-2026
                                                        3/3




                      petitioner, the same shall be disposed of by the Director, Primary

                      Education, Department, Govt. of Bihar, Patna (respondent No.3)

                      within a maximum period of six months from the date of filing of

                      the representation after giving an opportunity of hearing to the

                      petitioner.

                                    7. Needless to emphasize that the final order which shall

                      be passed by the Director, Primary Education, Department, Govt.

                      of Bihar, Patna (respondent No.3) should be reasoned and speaking

                      order. It is further made clear that in case the petitioner is found

                      entitled to the relief which the petitioner would be claiming in the

                      representation, the same should be extended to the petitioner within

                      a further period of two weeks from the date of passing of the final

                      order by the Director, Primary Education, Department, Govt. of

                      Bihar, Patna (respondent No.3).

                                    8. With the aforesaid observation/direction and liberty

                      granted, the present writ application stands disposed of.

                                    9. All pending I.A.s, if any, is deemed to have been

                      disposed of.


                                                                     (Alok Kumar Sinha, J)

sanjeev/-

U


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