Patna High Court
The Bihar Panchayat Nagar Prarambhik Shikshak SanghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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
Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026
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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
Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026
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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
Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026
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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
Patna High Court CWJC No.2464 of 2020(5) dt.10-03-2026
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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
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