Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The Director's order is arbitrary and discriminatory, and the petitioner must be granted the same benefits as in Abdus Samad v. State of Bihar.
Summary
The petitioner, Sandeep Kumar, a headmaster, filed a writ petition seeking the grant of the matric‑trained pay scale after three years of service, contending that he is similarly situated to teachers who obtained the benefit in Abdus Samad v. State of Bihar (C.W.J.C. No. 7322/2017). The Director of Primary Education issued an order treating the Abdus Samad judgment as an exception and denied the petitioner the same relief. The petitioner argued that this constitutes arbitrary discrimination contrary to the Bihar State Litigation Policy. The Court observed that the Director’s order is manifestly arbitrary and discriminatory, violating the principle of equality and the State Litigation Policy. Accordingly, the Court disposed of the petition, directing the Director to consider the petitioner’s claim and extend the same benefits within eight weeks.
Issues considered
- Whether the Director's order treating the Abdus Samad judgment as an exception is arbitrary and discriminatory.
- Whether the petitioner is entitled to the same matric‑trained pay scale benefits as similarly situated teachers under the Bihar State Litigation Policy.
Subjects
- discrimination
- equality
- pay scale
- service benefits
- Bihar State Litigation Policy
- writ petition
- arbitrary action
- education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21022 of 2025
======================================================
Sandeep Kumar Son of Late Suryadeo Yadav, Resident of Sandeep Sadan,
Mohalla- Santnagar, East of Voda Tower, Ward No. 15/18, Police Station-
Saharsa, District- Saharsa. At present posted and working as a Headmaster in
Govt. Middle School Khajuri, Anchal- Simri Bakhtiyarpur, District- Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary -cum- the Principal Secretary, Education
Department, Govt. of Bihar, Patna.
3. The Additional Chief Secretary -cum-the Principal Secretary, Finance
Department, Govt. of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The Regional Deputy Director of Education, Koshi Division, Saharsa.
6. The District Education Officer, Saharsa.
7. The District Programme Officer (Establishment), Saharsa.
8. The Block Education Officer, Simri Bakhtiyarpur, District- Saharsa.
9. The District Accounts Officer, Saharsa.
10. The District Treasury Officer, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Adv.
For the Respondent/s : Mr. Shiv Kumar, AC to GA-3
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard the parties.
2. This Court is surprised to see the order of the
Director, Primary Education as contained in Memo No. 7/Mu3-
3/2021-1982 Patna dated 08.11.2023 whereby the order passed
by this Court in C.W.J.C. No. 7322/2017 (Abdus Samad vs. The
State of Bihar and Ors.) has been treated as an exception and
thus rejected the claim of other similarly situated teachers for
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grant of matric trained pay scale after completion of three years
of service from the date of appointment.
3. Learned Advocate for the petitioner submitted that
the various similarly situated persons have approached this
Court by filing different writ petitions including C.W.J.C. Nos.
16424 of 2019 and 17552 of 2019 and their cases have been
disposed off in the light of the decision rendered by this Court in
C.W.J.C. No. 7322 of 2017 which has been duly affirmed by the
learned Division Bench of this Court in LPA No. 502 of 2021 as
the State on being aggrieved by the order passed by the learned
Single Judge has preferred the Letters Patent Appeal but later on
withdrew the appeal. All the more the petitioners of the afore-
noted writ petitions have been extended similar benefits as has
been allowed to Abdus Samad, but in case of the others, they
have been deprived from similar benefits, on erroneous ground.
4. Learned Advocate for the State submits that for
better assistance, he needs a short adjournment, so that he may
seek instruction and file a counter affidavit.
5. From the materials available on record, this Court
prima facie is of the opinion that discrimination has been caused
to the petitioner and others with those of the persons who have
approached this Court earlier and they have been allowed the
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relief in terms with the order passed in C.W.J.C. No. 7322 of
2017. The action of the respondent, Director, Primary
Education, Bihar is manifestly arbitrary, besides in complete
defiance to the Bihar State Litigation Policy as adopted by the
State and its authorities.
6. This Court is thus not persuaded to the request of
the learned Advocate for the State and deems it apt and proper
to dispose off the writ petition with a direction to the Director,
Primary Education to consider the claim of the petitioner
alongwith other identically situated persons, without being
prejudice by his findings recorded in Clause 12 of the impugned
order, in the light of the Bihar State Litigation Policy, specially
Clause 4C(1) thereof, preferably within a period of eight weeks’
from the date of receipt/production of a copy of this order,
keeping in mind the fact that other identically situated persons,
who have also approached this Court in C.W.J.C. Nos. 16424 of
2019 and 17552 of 2019 have been extended the benefits as has
been extended to Abdus Samad in C.W.J.C. No. 7322 of 2017;
accordingly the present writ petition stands disposed off with the
aforesaid direction.
7. Suffice it to observe that if the case of the petitioner
finds identical to those of the similarly situated persons as has
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been referred hereinabove, identical benefits must be accorded
to the petitioner, within the period prescribed.
(Harish Kumar, J)
supratim/-
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