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Patna High Court

The Bihar Panchayat Nagar Prarambhik Shikshak SanghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the petition, directing petitioners to file representations and ordering the Director to decide on the trained‑teacher benefits within a stipulated period, thereby upholding the earlier judgments granting such benefits.

Summary

A group of teachers who completed a two‑year in‑service teacher training (D.El.Ed. ODL) in 2013‑15 and finished in May 2017 sought a writ of mandamus directing the State of Bihar to grant them the trained‑teacher salary scale and related benefits. The petition relied on earlier judgments—Bimal Kumar Sah (CWJC 3067/2026), Kishor Kumar (CWJC 16165/2019) and Manoj Kumar (LPA 456/2021, CWJC 7938/2020)—which had ordered the State to confer such benefits from the date of training completion. The Court noted that the State had unsuccessfully appealed those orders, including an SLP dismissed by the Supreme Court. Consequently, the Court directed the petitioners to file individual representations before the Director of Primary Education within six weeks and ordered the Director to decide on the claims within eight weeks, thereby disposing of the writ petition.

Issues considered

  • What relief, if any, is appropriate for teachers who completed D.El.Ed. training in 2017 but have not received the trained‑teacher salary scale?
  • Does the State of Bihar have a legal duty, enforceable by mandamus, to grant the trained‑teacher benefits from the date of training completion?
  • Are the earlier judgments in Bimal Kumar Sah, Kishor Kumar and Manoj Kumar binding on the present petition?

Subjects

  • trained teacher scale
  • mandamus
  • service benefits
  • D.El.Ed.
  • ODL
  • education law
  • Bihar
  • writ jurisdiction
  • public service

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2464 of 2020
     ======================================================
1.    The Bihar Panchayat Nagar Prarambhik Shikshak Sangh Registered Office-
      At Wared No. 1, Panchayat Patsanda, Block and P.S.- Gidhaur, District-
      Jamui, represented through its General Secretary, namely Ranchandra Roy.
2.   Ramchandra Roy, S/o- Sri Ram Narayan Roy, R/o Village- Hundahiya,
     Rupauli Buzurg, P.S.- Musarigharari, District- Samastipur.
3.   Sarita Kumari, W/o- Dashrath Das, R/o At- Ramchandrapur, P.O.- Pataili,
     P.S.- Ujiyarpur, District- Samastipur. At present Posted as Block Teacher, At
     U.M.S. Chandauli Block- Ujiyarpur, District- Samastipur.
4.   Ribha Rani, W/o Rajendra Prasad Rajak, R/o At and P.O. - Lohagir, P.s.-
     Ujiyarpur, District Samastipur. At present posted as Panchayat Teacher, At
     P.S. Lohagir, Block- Ujiyarpur, District- Samastipur.
5.   Balo Paswan, S/o- Bodhan Paswan, R/o At - Pul Pagra, P.O.- Pagra, P.S.
     Dalsingsarai, District- Samastipur. At Present Posted as Panchayat Teacher,
     At P.s. Kerai Musahara, Ward No. - 2, Block- Vibhutipur, District-
     Samastipur.
6.   Shankar Kumar, S/o Maheshwar Sahni, R/o At- Malpur, P.O. and P.S.
     Dalsinghsarai, District- Samastipur. At present posted as Panchayat Teacher,
     At- P.s. Kerai Majkothi, Ward No. - 11, Block- Vibhutipur, District-
     Samastipur.
7.   Ranju Kumari, W/o- Yogendra Prasad, R/o At and P.O.- Chakhabib, P.s.-
     Vibhutipur, District- Samastipur. At Present Posted as Block Teacher, At
     U.M.S. Shahpur Parohi, Block- Vibhutipur, District- Samatipur.
8.   Ranju Kumari, W/o- Mukesh Kumar Verma, R/o At and P.O. and P.S.-
     Pasraha, District- Khagariya. At present posted as Panchayat Teacher, At -
     P.S. Kerai Majkothi, Ward No. 11, Block- vibhutipur, District- Samastipur.
9.   Surendra Kumar, S/O Ramchandra Mahto, R/O At - Mustafapur, P.O-
     Mahammadpur Sakra, P.S. Vibhutipur, District- Samatipur. At Present
     Posted as Panchayat Teacher At - P.S. Barkurwa Mahmmadpur Sakara,
     Block- Vibhutipur, District- Samatsipur.
10. Shabnam Khatun, W/o Md Kadir, R/o- At- Mahammadpur Sakra, P.S.-
    Vibhutipur, District- Samastipur. At present posted as Panchayat Teacher AT-
    P.s. Suksena, Block- Vibhutipur, District- Samastipur.
11. Asha Kumari, W/o- Aravind Kumar, R/o, AT and P.O- Mahisari, P.S.-
    Ujiyarpur, District- Samastispur. At Present Posted as panchayat Teacher, At-
    P.s. Kerai Musahara ward no. -2, Block Vibhutipur, District- Samastipur.
12. Sanjeev Kumar Mishra, S/o- Late Mahendra Prasad Mishra, R/o At and Po-
    Chakbedauliya, P.s.- Vibhutipur, District- Samastipur. At present posted as
    Panchayat Teacher At- P.s. Das Tola, Ward No. 7 Block- Vibhutipur, District-
    Samastipur.
13. Pinki Kumari, W/o- Avinash Kumar Tandan, R/o At and Po- Kalyanpur,
    District- Samastipur, At present posted as Panchayat Teacher. At- P.S.
    Musahari Tol word no. 2, Block- Vibhutipur, District- Samastipur.
14. Ramkumar Paswan, S/o Yugeshwar Paswan, R/o At- Hawaspur, Po and Ps-
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        Mansurchak, District- Begusarai. At present posted as Panchayat Teacher.
        At- P. Urdu Vidyalay Vibhutipur, Block- Vibhutipur, District- Samastipur.
  15. Abnit Kumar, S/o Ramdeo Paswan, R/o At and Po- Kalyanpur, P.s-
      Vibhutipur, District- Samastipur. At present posted as Panchayat Teachar. At
      P.S. Benipur Koina, Block- Vibhutipur, District- Samastipur.
  16. Binod Paswan, S/o- Lakhikant Paswan, R/o At and Po- Chakhabib, P.s.-
      Vibhutipur, District - Samastipur. At present posted as Panchayat Teachar.
      At- P.s. Musahari Bharpura Chochahi, Block- Vibhutipur, District-
      Samastipur.
  17. Amrita Kumari, W/o- Sanjay Thakur, R/o At- Shahwajpur, P.O. and P.s.-
      Ghataho, District- Samastipur. AT present posted as Panchayat TEachar. At-
      P.s. Salempur, Block- Ujiyarpur, District- Samastipur.
  18. Amirul Haque Ansari, S/o- Abdul Jabbar Ansari, R/o At and Po-
      Mokhtiyarpur Salkhani, P.S. Dalsingsarai, District- Samastipur. At present
      posted as Panchayat Teachar. At- R.P. Maktab Sulemanpur, Block-
      Ujiyarpur, District- Samastipurl.
  19. Baby Kumari, W/o- Shivkumar Rajak, R/o At- Mahamadpur, Po- Halai, P.s.-
      Tajpur, District- Samastipur. At present posted as Panchayat Teachar. At- P.s.
      Nikaspur (Anusuchit Tol), Block- Morwa, District- Samastipur.
  20. Nanhki Paswan, S/o- Late Rameshwar paswan, R/o At- RAmchandrapur
      Andhail, P.O.- Pataili, P.S.- Ujiyarpur, District- Samastipur, At Present
      Posted as Block Teachar. At- U.M.S. Chandauli, Block- Ujiyarpur, District-
      Samastipur.
  21. Rekha Kumari, W/o Ghanshyam Das, R/o At and P.O.- Bhagwanpur Desua,
      P.s.- Ujiyarpur, District- Samastipur, At present posted as Panchayat Teachar.
      At- P.s. Bhola Tol Desua, Block- Ujiyarpur, District- Samastipur.
  22. Lalita Kumari, W/o - Nand Kishor Paswan, R/o At and P.O.- Chaita North,
      P.S.- Angarghat, District- Samastipur. At present posted as Panchayat
      Teachar. At- P.s. Narsinghsthan Chaita Bastari, Block- Ujiyarpur, District-
      Samastipur.
  23. Meera Kumari, W/o- Ram Bharos Ram, R/o At and P.O. - Mahisari, P.s.-
      Ujiyarpur, District- Samastipur, At present posted as Panchayat Teachar. At-
      R.P.S. Mahisari Dih, Block- Ujiyarpur, District- Samastipur.
  24. Sitaram Paswan, S/o- Budhan Paswan, R/o At and P.O. - Karian, P.s.-
      Shivajinagar, District - Samastipur. At present posted as Panchayat Teachar.
      At- P.S. Yogiya, Block- Shivjinagar, District- Samastipur.
  25. Ranjeet Kumar Singh, S/o- Jaykrishana Prasad Singh, R/o At- Mahadeva,
      Po- Shankarpur, P.s.- Shivajinagar, District- Samastipur. At present posted as
      Panchayat Teachar. At- P.S. Bhariya, Block- Shivajinagar, District-
      Samastipur.
  26. Ram Punit Singh, S/o- Bhuneshwar Singh, R/o At- Shivnagar, Po- Kariyan,
      P.s.- Shivjinagar, District- Samastipur. At present posted as Panchayat
      Teachar. At- P.S. Bhariya, Block- Shivajinagar, District- Samastipur.
  27. Ranjeet Kumar Kamal, S/o- Bhola Mahto, R/o At and P.O. - Jitwarpur
      Chauth, P.S. and Dist- Samastipur. At present posted as Panchayat Teachar.
      At P.S. Yadav Tol Ward No. 6, Block- Ujiyarpur, District- Samastipur.
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  28. Kamani Kumari, W/o- Ranjeet Kumar, R/o At- Kalyanpur Basti, P.O. and
      P.S.- Mohiuddinnagar, District- Samastipur. At present posted as Panchayat
      Teachar. At- P.S. Yadav Tol Ward no. 6, Block- Ujiyarpur, District-
      Samastipur.
  29. Kumari Punam Sinha, D/o- Sita Ram Singh, R/o At- Hanuman Nagar
      Baghopur, Po- Balaha, P.S. Shivajinagar, District- Samastipur. At Present
      Posted as Panchayat Teachar. At- P.S. Balaha, Block- Shivajinagar, District-
      Samastipur.
  30. Gyanmala Kumari, W/o- Mritunjay Pandey, R/o At and P.O. - Chandauli,
      P.s.- Ujiyarpur, District- Samastipur. At Present Posted as Block Teachar. At-
      U.M.S. Chandauli, Block- Juiyarpur, District- Samastipur.
  31. Dinesh Kumar Sahani, S/o- Ramashrya Sahani, R/o At and P.O. - Diyanatpur
      Patailya, P.s.- Vibhutipur, District- Samastipur. At Present Posted as
      panchayat Teachar. At- P.s. Madhopur ward no. 6 Kapan, Block- Vibhutipur,
      District- Samastipur.
  32. Reena Kumari, W/o- Rajaram Mahto, R/o At- Khoksaha, Po- Madhopur,
      P.s.- Vibhutipur, District- Samastipur. At Present Posted as Panchayat
      Teachar. At- P.s. Jogiya ward no. 6, Block- Vibhutipur, District- Samastipur.
  33. Manish, S/o- Rajendra Prasad, At- Sirsi, PO- Mahthi, P.s.- Vibhutipur,
      District- Samastipur. At Present Posted as Panchayat Teachar. At- P.S.
      Deshari Mallah Tol, Block- Vibhutipur, District- Samastipur.
  34. Meena Kumari, W/o Ganga Prasad, R/o At- Salkhanni, Po- Singhia Bujurg,
      P.s.- Vibhutipur, District- Samastipur. At Present Posted as Panchayat
      Teachar. At P.S. Mustafapur Uttar, Block- Vibhutipur, District- Samastipur.
  35. Lakshmi Kumari, W/o Krishna Kant Prasad Singh, R/o At and P.O. - Singhia
      Bujurg, P.s.- Vibhutipur, District- Samastipur. At Present Posted as
      Panchayat Teachar. At- P.S. Patailiya West, Block- Vibhutipur, District-
      Samastipur.
  36. Mudrika Kumari, W/o- Devanand Chaudhary, R/o At and P.O. - Patali, P.s.-
      Ujiyarpur, District- Samastipur. At Present Posted as Panchayat Teachar. At-
      P.S. Jogiya ward no. 6, Block- Vibhutipur, District- Samastipur.
  37. Minu Verma, W/o Devendra Kumar, R/o At- Birsaihiya, Po- singhia Ghat,
      P.s.- Vibhutipur, District- Samastipur. At present posted as Panchayat
      Teachar. At- P.S. Prakhand Colony Vibhutipur, Block- Vibhutipur, District-
      Samastipur.
  38. Shanaz Khatoon, W/o- Md Shakil, R/o At- Mohanpur, P.o.- Boriya, P.s.-
      Vibhutipur, District- Samastipur. At Present Posted as Panchayat Teachar.
      At- P.S. Damodarpur word no. 8, Block- Vibhutipur, District- Samastipur.
  39. Salma Khatoon, W/o- Md Asalam, R/o At- Partapur, P.o.- Muktapur, P.S.-
      Kalyanpur, District- Samastipur. At Present Posted as Panchayat Teachar. At-
      P.S. Damodarpur word no. 8, Block- Vibhutipur, District- Samastipur.
  40. Arti Kumari, W/o Pankaj Kumar, R/o At and Po- Singhia Ghat, P.s.-
      Vibhutipur, District - Samastipur. At Present Posted as Panchayat Teachar. At
      P.S. Nagarvadha, Block- Vibhutipur, District- Samastipur.
  41. Rahmat Ali, S/o- Abdul Qaiyum Ansari, R/o At- Ramnagar, Po- Sari, P.s.-
      Warishnagar, District- Samastipur. At Present Posted as Block Teachar. At-
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        U.M.S. Kerai Sarpatti, Block- Vibhutipur, District- Samastipur.
  42. Kiran Kumari, W/o- Subodh Kumar Singh, R/o- At and Po- Tapua Mathura
      Pur, P.s.- Pirpainti, Dist- Bhagalpur, At Present Posted as Panchayat Teachar.
      At- P.S. Tarunia (Mahammadpur Sakara), Block- Vibhutipur, District-
      Samastipur.
  43. Md Faisal Alam, S/o- Md Fakhre Alam, R/o At- Suwapakar, Po- Rupauli,
      P.s.- Musarigharari, District- Samastipur. At Present Posted as Block
      Teachar. At- U.M.S. Maktab Salha, Block- Sarairanjan, District- Samatsipur.
  44. Sheela Kumari, W/o- Harinandan Prasad Sahni, R/o At- Mirjapur, Po-
      Nikashpur, P.s.- Tajpur, District- Samastipur. At Present Posted as Panchayat
      Teachar. At- P.s.- Songar Muslim tola, Block- Morwa, District- Samastipur.
  45. Rinku Kumari, W/o- Parameshwar Kumar Paswan, R/o At- Dharampur
      Dakhali, Po- Keshonarayanpur, P.s.- Tajpur, District- Samastipur. At Present
      Posted as Panchayat Teachar. At- P.s. Saidpur Milki, Block- Morwa, District-
      Samastipur.
  46. Shobha Kumari, W/o- Shailendra Prasad Singh, R/o At and Po-
      Chaksikendra, P.s.- Tajpur, District- Samastipur. At present posted as
      Panchayat Teachar. At- P.S. Anandpur MajkothiChaudhary Tol, Block-
      Morwa, District- Samastipur.
  47. Dileep Ram, S/o - Late Prem lal Ram, R/o At and Po- Chaksikendra, P.s.-
      Tajpujr, District- Samastipur. At Present Posted as Panchayat Teachar. At
      P.S. Chaksikendra Pustkalay Bhawan, Block- Morwa, District- Samastipur.
  48. Satya Narayan Sahani, S/o Late Ram Kishun Sahani, R/o At and P.O-
      Lohagir, P.s.- Ujiyarpur, District- Samastipur, At Present Posted as
      Panchayat Teachar. At- P.s. Bhangaha Lohagir, Boock- Ujiyarpur, District-
      Samastipur.
  49. Rajesh Kumar Mahto, S/o- Rambaran Mahto, R/o At- Malpur, P.o- Jorpura,
      P.s.- Tajpur, District- Samastipur. At Present Posted as panchayat Teachar.
      At- P.s.- Saidpurtola Dharampur Bande, Block- Morwa, District-
      Samastipur.
  50. Naresh Kumar Chaudhary, S/o- Ramishwar Chaudhary, R/o At and Po-
      Sivaisingpur, P.s.- Mohiuddinnagar, District- Samastipur. At Present Posted
      as Panchayat Teachar. At- P.S. Katahariya ward no. 8 Haithanpur Block-
      Patori, District- Samastipur.
  51. Anita Kumari, W/o Shambhu Prasad Ray, R/o At- Chakraman Po and P.s.-
      Patori, District- Samastipur. At Present Posted as panchayat Teachar. At- P.s.
      Kumaiya, Block- Morwa, District- Samastipur.
  52. Punam Kumari, W/o- sunil Ram, R/o At and Po- Dakshini Dhamoun, P.s.-
      Patori, District- Samastipur. At Present Posted as panchayat Teachar. At- P.S.
      Kali Sthan Block- Patori, District- Samastipur.
  53. Shrawan Kumar Mandal, S/o- Trideo Prasad Mandal, At- Kutubpur Siz, Po-
      Narayanpur, P.s.- Manihari, District- Katihar. At Present Posted as Prakhand
      Teachar. At- U.M.S. Kauwa, Block- Morwa, District- Samstipur.

                                                                   ... ... Petitioner/s
                                              Versus
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           1.    The State of Bihar through the Principal Secretary, Education Department,
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Education Department, Government of Bihar,
                 Patna.
           3.    The Director, Primary Education, Government of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Mrityunjay Kumar, Adv.
                                                  Mr. Arinjay Kumar, Adv.
                                                  Mr. Mukesh Kr. Singh, Adv.
                                                  Mr. Shivam Kumar, Adv.
                 For the Respondent/s      :      Smt. Binita Singh (SC28)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

5   10-03-2026                    Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2.     The petitioners have sought for the following

                   relief(s):-

                                                “That the Petitioner crave indulgence of

                                      this Hon'ble Court for issuance of a writ in the

                                      nature of Mandamus or any other appropriate

                                      writ(s)/order(s)/Direction(s) to the respondents to

                                      consider and grant the benefits of trained teacher

                                      to all those teachers who have passed their two

                                      years in-service teacher training course in sessions

                                      2013-15, since the date of completion (May 2017)

                                      of their course of two years in service teacher

                                      training course namely Diploma in Elementary
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                          Education, in short- D.El.Ed. (Open Distance

                          Learning, in short- ODL) from the State Council of

                          Education, Research and Training (SCERT),

                          Patna, and not from publication of results i.e.

                          31.03.2019, in the light of Order/Judgment dated-

                          09.08.2019 passed in C.W.J.C No-16165 of 2019

                          (Annexure-3) by this Hon'ble Court.

                                      And for any other appropriate writ

                          order/direction for which the Petitioners are

                          entitled for in the facts and circumstances of this

                          case.”

                      3. Learned counsel for the petitioners submits that

          today itself, this Court has passed orders in the case of Bimal

          Kumar Sah & Ors. v. The State of Bihar & Ors (CWJC No.

          3067 of 2026) and since the case of these petitioners are also

          similarly situated, the instant writ petition may also be disposed

          of in the light of order as passed in the aforesaid case.

                      4. It has further been submitted that the similar issues

          have already been put at rest relying upon the judgment passed

          by the Co-ordinate Bench rendered in the case of Kishor Kumar

          & Ors. Vs. The State of Bihar & Ors, (CWJC No, 16165 of

          2019) whereby a detailed order has been passed in the case of
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          State of Bihar & Ors.Vs. Manoj Kumar & Ors. (LPA No. 456

          of 2021 in CWJC No. 7938 of 2020), which squarely covers the

          case of these petitioners.

                      5. It has next been submitted that against the order

          passed by the Co-ordinate Bench, the State authorities have

          preferred appeal before the Hon'ble Division Bench by filing

          LPA No. 456 of 2021 (The State of Bihar & Ors. Vs. Manoj

          Kumar & Ors.) (supra) and the Hon'ble Division Bench has

          affirmed the order passed by the Co-ordinate Bench of this

          Court, which is being reproduced herein below:-

                              “……….5. It is to be noted that appellants-

                  State have not preferred LPA in Kishor Kumar and Others

                  (supra) case. On the other hand, they have not taken note

                  of specific words in the Kishor Kumar and Others (supra)

                  to the following extent:-

                                               "The respondents have to take

                                  decision granting benefit of trained scale to

                                  the 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
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                                  within a period of sixty days from date of

                                  receipt/production of a copy of this order",

                                                               Emphasis Supplied

                                      6. In this backdrop, appellants cannot

                          take decision of notional benefits when the order is

                          very specific to the extent that necessary decision

                          in this regard with all consequential monetary

                          benefits must be taken by the Director. The same

                          decision has been passed in number of cases

                          including the present case. The appellants have

                          taken their own time to publish the result with

                          reference to completion of training course in the

                          month of May, 2017. For no fault on the part of the

                          respondents,       denial      of   certain   service   and

                          monetary benefits on behalf of the appellants

                          would be arbitrary, therefore, the appellants have

                          not made out a case so as to interfere with the

                          impugned order of the learned Single dated

                          01.02.2021 passed in passed in CWJC No. 7938 of

                          2020."

                      6. It is further submitted that against the order passed

          by the Hon'ble Division Bench in LPA No. 456 of 2021 in the
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          case of Manoj Kumar (supra), the State authorities have moved

          before the Hon'ble Apex Court by filing Special Leave Petition

          (Civil) Diary No(s) 66035 of 2025 and the Hon'ble Apex Court

          has also declined to interfere with the impugned order.

          Accordingly, the Special Leave Petition preferred by the State

          got dismissed.

                      7. On the other hand, learned counsel for the State

          submits that since the issues have already been adjudicated and

          put at rest, therefore, all the petitioners may be directed to file

          individual representation, giving their service profile with all

          supportive materials before Respondent No.3/the Director,

          Primary Education, Government of Bihar, Patna within a period

          of six weeks from today and, on filing of such representation

          with all supportive materials and the judgments referred herein

          above, it is expected that Respondent No.3, shall consider the

          grievances of the petitioners and on finding their claim to be

          justified in law and as also in consonance with the parameters

          fixed by the Hon'ble Courts in the judgment rendered in the case

          of Manoj Kumar (supra), necessary order shall be passed within

          a further period of eight weeks and if the petitioners are found

          entitled to such benefits, the same shall also be extended to them

          within the same period, as stated above.
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                                   8.    With     the    aforementioned   observations   and

                       directions, the writ petition stands disposed of in terms of the

                       order passed today in CWJC No.3067/2026.



                                                    (Ajit Kumar, J)
    perwez

U


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