Patna High Court

Manoj Kumar GuptaversusThe State of Bihar

Decided: 18 February 2026
Disposal: DISPOSED
Bench: ALOK KUMAR SINHA

Holding

The Court disposed of the writ, granting the petitioners liberty to file representations before the Director and directing a hearing and reasoned order, without granting immediate mandamus.

Summary

A group of teachers filed a writ petition seeking the grant of the trained pay scale and payment of salary arrears, relying on memo No.1790 dated 16‑10‑2024 and a prior judgment in CWJC No. 9416/2019. They also requested a mandamus directing the Director of Primary Education to implement the pay scale. The State of Bihar raised no objection. The Court, with the parties' consent, disposed of the writ by granting the petitioners liberty to file detailed representations before the Director, accompanied by the relevant judgment, within four weeks, and directed the Director to hear them, pass a reasoned order within six weeks, and, if relief is warranted, implement it within three months. No immediate mandamus was issued; the application was dismissed after these directions.

Issues considered

The petitioners' entitlement to the trained pay scale and arrears of salary under memo No.1790 and the precedent CWJC No. 9416/2019.
Whether the Court can issue a mandamus directing the Director of Primary Education to grant the pay scale.
The appropriate procedural steps for the petitioners to obtain relief.

Subjects

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

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2599 of 2026
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1. Manoj Kumar Gupta Son of Shankar Sah, Resident of village and P.O.-
Mujararh, P.S.-Nokha, Distt.-Rohtas, at Present Posted at N. P.S. Noniyadih,
Rohtas.
2. Jawed Akhter Son of Zahir Hussain, Resident of village-Kudari, Post-
Dhawphokhar, P.S.-Karamchat, Distt.-Kaimur, At Present posted at Primary
School Kohkar under Block-Kochas, Distt.-Rohtas.
3. Arun Kumar Pandey Son of Ramuna Pandey, Resident of village- and P.O.-
Sohagi (Darihat), P.S.-Nasriganj, Distt.-Rohtas At Present posted at Middle
School Karpurwa, Sasaram Distt.-Rohtas.
4. Sanjay Kumar Singh Son of Ram Awadh Singh, Resident of village and
P.O.-Jamuniapur, P.S. Chandauli, Distt.-Chandauli Utter Pradesh-Pin-
232104, At Present Middle School Parmdihaunder Block-Dawath, Distt.-
Rohtas
5. Shruti Divya D/O-Pandey Jagdishwar Prasad Resident of village and P.O.-
Baraila, P.S.-Sheosagar, Distt.-Rohtas, At Present Posted at Middle School
Leruna Block-Sasaram, Distt.-Rohtas.
6. Amit Kumar Singh Son of Jitendra Singh, Resident of village and P.O.-
Kanchanpur P.S.-Sasaram, Distt.-Rohtas, At Present Posted at Primary
School Ramdas Bigha Block-Sasaram, Distt.-Rohtas.
7. Anamika Pathak son of Purushottam Pathak, Resident of Village-
Mishravalia, P.O-Pachpokhari P.S. Baghalila Distt. Rohtas, At Present
Posted at Primary School Khaira-2 Block-Sasaram Distt.-Rohtas.
8. Anju Kumari Daughter of Mabgleshwar Jha, Resident of Village-Lebura,
P.O.-Banjari Block-Rohtas, Distt.-Rohtas, At Present M.S. Akabarpur,
Rohtas.
9. Kunal Sharma S/O-Rajeshwar Prasad Sharma, Resident of village- Muriar,
P.O.-Muriar, P.S.-Akhori Gola, Distt.-Rohtas, At Present Posted at M.S.
Bharuhi Distt.-Rohtas.
10. Jawed Ahmad Shibli S/O- Md. Naimuddin, Resident of Mohalla- Alinagar
Tikri Road P.S.- Aurangabad Distt and Town.-Aurangabad, At present
Posted at Middle School Sundarganj, Rohtas.
11. Vikash Kumar Rai S/O-Sudarshan Rai, Resident of village- Bhaisahi P.O.-
Karup P.S-Sasaram, Distt.-Rohtas, At Present Posted at Primary School
Gobina Block-Sasaram, Distt.-Rohtas.
12. Ram Pravesh Singh S/O- Ram Jeetan Singh, Resident of Mohalla- and P.O.-
Lakhanu Sarai, P.S.-Sasaram, Distt.-Rohtas, At Present Posted at Primary
School Khaira Sasaram Rohtas.
13. Vijay Narayan Singh S/O- Surya Nath Singh, Resident of village-Khodhary
P.O.-Dighata, P.S.-Kochas, Distt.-Rohtas, At Present Posted At Primary
School Mosahepur Sasaram Rohtas.
14. Sweta Singh D/O-Mundrika Singh Resident of village-New Ara, P.S.-
Sasaram, Distt.-Rohtas At Present posted at Govt. Primary School Semara
Block-Sasaram, Distt.-Rohtas.
Patna High Court CWJC No.2599 of 2026(2) dt.18-02-2026
2/7

15. Girish Narayan Mishra S/O-Ramjee Mishra, Resident of village and P.O.-
Itadhiyan, P.S.-Karakat, Distt.-Rohtas, At Present posted at Primary School
Paisara Block-Sasaram Distt.-Rohtas.
16. Abdul Hamid D/O-Abdul Gafur Ashrafi, Resident of Village- Lurgumi
Kalan P.O.-Durup P.S.-Netarhat, Distt -Laterhat Jharkhand, At Present
Posted at Middle School Amara Talab Block-Sasaram Distt.-Rohtas.
17. Manoj Kumar Singh S/O- Ram Badan Singh, Resident of village-Babuganj
English P.O.-Bisi Kalan, Distt-Buxar, At N. P.S. Mohanpur Block-Dinara
Rohtas.
18. Chaman Lal S/O-Chhotak, Resident of village- and P.O.-Maniyar Distt.-
Balia Utter pradesh, At Present posted at Middle School Dhabachhua Block-
Kochas Rohtas
19. Nityanand Mukesh S/O-Shiv Govind Ram, Resident of village-Barka
Nuawan P.O.-Buxar Jail, Distt.-Buxar, At Present posted at Middle School
Sora Block-Kochas Rohtas.
20. Ved Prakash Yadav Son of Sidheshwar Nath Yadav, Resident of Mohalla-
Adarsh Nagar Distt.-Buxar, At Present Posted at Primary School, Kanak
Semariya Block-Kargahar Distt.-Rohtas
21. Nitu Kumari D/o-Muni Lal, Resident of village-Chaita P.O.-Sianwak, P.S.
Sanjhauli, Distt-Rohtas, At Present posted at Middle School Babhanaul
Block-Dawath, Rohtas.
22. Mahmood Alam S/O-Md. Hasan, Resident of village-Naraina P.O
-Chandrakalithi, P.S.-Chenari Distt.-Rohtas, At Present Primary School
Kavvakhoch Block-Kargahar Distt.-Rohtas.
23. Sunil Kumar S/O-Baban Singh, Resident of village-Ward No.-6 Nai Bazar
Distt. Buxar, At Present posted at Middle School Saisad Block- Dinara
Rohtas.
24. Rezwan Ahmed Khan @ Ziwan Ahmed Khan S/O- Aslam Khan, Resident at
Mohalla-Near Madina Cottage Milki P.O.-Ara Chowk P.S.-Ara Town, Distt.-
Bhojpur, At Present Posted at Upgraded Middle School Kasap, ward No.-4
Block-Udwant Nagar Bhojpu.
25. Harendra Kumar Singh S/O-Sheo Dyal Singh, Resident of village-Belghat,
P.O.-Belghat Baluan P.S.-Ara, Distt.-Bhojpur, At Present Posted at Primary
School Belghat Ara Bhojpur.
26. Rakesh Kumar Sinha S/O-Ram Nath Prasad Resident of Mohalla-Krishna
Nagar P.O. and P.S.-Ara, Distt.-Bhojpur, At Present posted Primary School
Majhauon Ara Bhojpur.
27. Om Prakash Tiwari S/O-Bal Mukund Tiwari Resident of Mohalla-Yarpur
Rajputana Road No.-1 P.S.-Gardani Bagh Distt. and Town-Patna, At Present
posted at Primary School Karisath (Uttar Tola) Block-Udwant Nagar Distt.-
Bhojpur.
28. Tanweer Alam S/O-Mansoor Alam, Resident of Mohalla- Khetari Bank
Colony P.O.-Ara P.S.-Ara Nagar Distt.-Bhojpur, At Present posted at
Upgraded Middle School Milki Block-Udwant Nagar Bhojpur.
29. Nemat Ali S/O-Mobarak Hussain, Resident Ward No.-02, Nasriganj Distt.-
Rohtas, At Present posted at Primary School Sherpur Block- Akorhi Gola
Patna High Court CWJC No.2599 of 2026(2) dt.18-02-2026
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Rohtas.
30. Mritunjay Kumar Singh S/O-Saryu Singh, Resident of village- Baruna P.O.-
Gamharia, P.S.-Akorhi Gola, Distt.-Rohtas, At Present Posted at Primar
School, JatanBigha Block-Akorhi Gola Rohtas.
31. Pankaj Kumar S/O-Bachcha Prasad Singh, Resident of village and P.O.-
Bishnupur, P.S.-Bela, Distt.-Sitamarhi, At Present posted at Primary School
Godharikanya Uttar Parihar Sitamarhi.
32. Ram Pravesh Kumar S/O-Yogendra Rai, Resident of village- Demhua P.O.-
Betha, P.S.-Parihar, Distt.-Sitamarhi, At Present posted at Middle School
Rauahi Parihar Sitamarhi.
33. Ram Ratan Ray S/O-Amiri Ray, Resident of village- Sirsiya Bazar, P.S.-
Parihar Distt.-Sitamarhi, at Present Primary Adhagat Block-Parihar
Sitamarhi.
34. Sanoj Kumar Son of Suryanath Prasad, Resident of village- Bishunpura P.S.-
Sasaram (M) Distt.-Rohtas, At Present Panchayat Teacher at Primary School
Kushum Tola Rohtas.
35. Pradip Kumar Son of Gopal Prasad Resident of village- ward No.-26 New
G. T. Road Rajputana P.S.-Dehari-on-Sone, Distt.-Rohtas. At Present
Panchayat Teacher at M. S. Susnar Block-Aurangabad Distt.-Aurangabad.
36. Prashant Kumar Son of Ram Pratap Ray Resident of Mohalla New Area P.S.
and Distt.-Aurangabad at Present Panchayat Teacher at R. M. S. Dhundhua
Aurangabad.
37. Vinita Kumari D/O-Himanshu Kumar Resident of Mohalla- Charkhambha
Gali, Shivganj P.S. and P.O.-Ara Distt.-Bhojpur, At Present posted at U.M.S.
Bihiya Bazar Bhojpur
38. Santosh Kumar S/O-Kameshwar Singh Resident of village- Mahuli P.O.-
Mirzapur P.S.-Mali Distt.-Aurangabad Bihar.
39. Saurabh Kumar Sinha Son of Sriniwas Prasad Sinha Resident of Belanv,
P.O.-Belanv P.S.-Shikroil, Distt.-Buxar, At Present Prakhand Teache at
Upgraded Middlew School Teghara Block Bihia.
40. Shalini Kumari D/O- Binod Kumar Jaiswal Resident of village- Raja Bazar
Durgasthan P.S.-Bihia Distt.-Bhojpur, at Present posted as Prakhand Teacher
at Upgraded Middle School Teghra Bihia.

... ... Petitioner/s
Versus
1. The State of Bihar through its Addl. Chief Secretary Department of Human
Resources Development Bihar Patna.
2. The Addl. Chief Secretary Department of Human Resources Development
Bihar Patna.
3. The Director Primary Education Department Govt. of Bihar Patna.
4. The Distt. Education Officer Rohtas.
5. The Distt. Programme Officer Rohtas.
6. The Distt. Education officer Ara, Bhojpur
Patna High Court CWJC No.2599 of 2026(2) dt.18-02-2026
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7. The Distt. Programme officer Ara Bhojpur.
8. The Distt. Education officer Sitamarhi.
9. The Distt. Programme officer Sitamarhi.
10. The Distt. Education officer Aurangabad.
11. The Distt. Programme Officer Aurangabad.
12. The Distt. Education officer Buxar.
13. The Distt. Programme Officer Buxar.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar No1, Adv
For the Respondent/s : Mr. Birju Prasad, Government Pleader (13)
Mrs. Shweta Anand, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER

2 18-02-2026 Heard learned counsel for the petitioners and learned

counsel for the respondent-State.

2. With the consent of both the parties, this writ

application is being disposed of at this stage itself.

3. In the present writ application, the petitioners have

prayed for the grant of following reliefs:

(i) For Directing the respondents
No.-3 i.e. Director Primary Education Bihar
Patna to give the Trained pay scale to the
Petitioners from the date of their respective
appointment, in the light of memo No.1790
dated 16.10.2024 as the petitioners claim is
at par with the Petitioner of C.W.J.C. No.-
9416/2019.
(ii) For further be pleased to issue
writ in nature of Mandamus directing to the
Patna High Court CWJC No.2599 of 2026(2) dt.18-02-2026
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respondents No.-3 to make the payment of
arrear of Salary calculated on the basis of
the trained pay scale of the petitioners.
(iii) For further be pleased to
issue any other appropriate writ/writs,
order/orders, direction/directions or
command/commands to respondents
concern.

4. After advancing some argument, learned counsel

for the petitioners submits that the case of the petitioners is

similar to the case of one Satyendra Kumar Ojha, petitioner of

CWJC No. 9416 of 2019 in which an order was passed on

04.03.2024 (Annexure-P/3) relegating the petitioner of the said

case to file a representation before the Director, Primary

Education, Department of Human Resource Development, Bihar

along with a copy of the judgment passed in L.P.A. No. 1699 of

2013 and other relevant documents and the Director, Primary

Education, Department of Human Resource Development, Bihar

was further directed to pass a reasoned and speaking order after

giving personal hearing to the petitioner of the said case.

Learned counsel for the petitioners submits that similar liberty

may be granted to the petitioners of this case also.

5. To the aforesaid prayer being made by learned

counsel for the petitioners, learned counsel appearing for
Patna High Court CWJC No.2599 of 2026(2) dt.18-02-2026
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respondent-State does not have any objection.

6. Considering the limited nature of prayer being

made by learned counsel for the petitioners, this writ application

is disposed of granting liberty to the petitioners to file a detailed

representation before the Director, Primary Education

Department Govt. of Bihar, Patna (respondent no. 3) along with

a copy of the judgment passed in L.P.A. No. 1699 of 2013 and

other relevant documents within a period of four weeks from

today. The representation must be separately filed by all the

petitioners. If such representations are filed within the stipulated

time then the Director, Primary Education Department Govt. of

Bihar, Patna (respondent no. 3) is directed to dispose of the

same within a further period of six weeks from the date of filing

of the representations, after giving an opportunity of personal

hearing to the petitioners. 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 a

reasoned and speaking order. It is further considered appropriate

to observe that if the the petitioners are found entitled to the

relief which they would be claiming through the representations,

the same should be extended to the petitioners within a further

period of three months from the date of passing of the final
Patna High Court CWJC No.2599 of 2026(2) dt.18-02-2026
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order.

7. With the aforesaid observation/direction and liberty

granted, this writ application is disposed of. All pending

interlocutory application(s), if any, shall also be deemed to have

been disposed of.

(Alok Kumar Sinha, J)
kiran/-

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