Patna High Court

Bimal Kumar SahversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The High Court held that the petitioners are entitled to the grade‑pay and related benefits as per the earlier judgments, and the State must implement those orders, but the writ petition was disposed, directing petitioners to file individual representations for enforcement.

Summary

The petitioners, a group of 36 teachers from Vaishali district, filed a writ petition seeking a mandamus directing the State of Bihar’s education authorities to grant them the grade‑pay and related monetary benefits due to them as trained teachers under the Diploma in Elementary Education (D.El.Ed.) program, which they completed in 2017‑18. They relied on earlier judgments of the Patna High Court, notably Kishor Kumar v. State of Bihar (CWJC No. 16165 of 2019) and Manoj Kumar v. State of Bihar (CWJC No. 7938 of 2020), which ordered the grant of such benefits from the date of training completion. The State appealed those orders, but the Division Bench (LPA No. 456 of 2021) affirmed the lower‑court rulings, and the Supreme Court dismissed the State’s special leave petition (SLP Diary No. 66035 of 2025). The Court observed that the issues were already settled and directed the petitioners to file individual representations before the District Education Officer, who must decide within a stipulated time. Consequently, the writ petition was disposed of without further order, leaving the petitioners to pursue the benefits through the prescribed administrative process.

Issues considered

Whether the petitioners are entitled to the grade‑pay and other monetary benefits of trained teachers from the date of completion of their D.El.Ed. training.
Whether the State of Bihar is bound to implement the High Court’s earlier judgments granting such benefits.
Whether the petitioners may seek a mandamus directing the education authorities to grant the benefits despite the State’s appeals.

Subjects

grade pay
trained teacher benefits
mandamus
service benefits
education department
writ petition
Patna High Court

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3067 of 2026
======================================================
1. Bimal Kumar Sah S/o Kameshwar Prasad Sah, R/o Village and P.O. - Birpur,
P.S. Jurawanpur, District - Vaishali, at present working as Exclusive Teacher
at UMS Dilawarpur Govardhan, Block Bidupur, District - Vaishali.
2. Rajneesh Prasad Yadav, S/o Pramod Kumar Ray, R/o Village and P.O. Jawaj,
P.S. Manhar, District-Vaishali, at present working as Exclusive Teacher at
UMS Hirpur Kanya, Block Jandaha, District - Vaishali.
3. Sudarshan Jha Suman, S/o Mithilesh Jha, R/o Village and At-Badi Yusufpur,
Jagdamba Sthan, P.S. - Hajipur, District Vaishali, at present working as Head
Teacher at GPS Bilandpur Dhandhua, Block - Jandaha, District - Vaishali.
4. Sunil Kumar Singh, S/o Satendra Singh, R/o Village and P.O. -
Chaksikandar, P.S. Bidupur, District Vaishali, at present working as
Exclusive Teacher at UMS Maheshwarpur, Block Bidpur, District - Vaishali.
5. Ruchi Kumari, W/o Umesh Kumar, R/o Village and P.O.-Narayanpur
Dedhapura, P.S. - Mahnar, District - Vaishali, at present working as
Exclusive Teacher at GPS Bharho, Block -Mahnar, District - Vaishali.
6. Sateesh Kumar, S/o Ramchandra Singh, R/o Village and P.O. Basantpur, P.S.
Jandaha, District Vaishali, at present working as Head Teacher at GPS
Jalalpur West, Block - Jandaha, District - Vaishali.
7. Surbhi Morya, D/o Raj Kumar Singh, R/o Village and P.O. Basantpur, P.S.
Jandaha, District - Vaishali, at present working as Head Teacher at N.P.S
Hasanpur Buzurg East, Block Jandaha, District Vaishali.
8. Manish Kumar, S/o Jagdip Singh, R/o Village - Kaddutar, P.O. Laxmanpur,
P.S. -Jandaha, District Vaishali, at present working as Exclusive Teacher at
N.P.S. Bedualiya Ghat, Block Jandaha, District - Vaishali.
9. Vikash Kumar, S/o Dhirendra Prasad Singh, R/o Village and P.O. Mirza
Nagar, P.S. Mahua, District Vaishali, at present working as Exclusive
Teacher at UMS Mukundpur, Block Jandaha, District - Vaishali.
10. Barun Kumar, S/o Harendra Singh, R/o Village and P.O.-Basantpur, P.S.
-Jandaha, District Vaishali, at present working as Exclusive Teacher at GPS
Bhanborha Besaho, Block -Jandaha, District - Vaishali.
11. Guddu Kumar Singh, S/o Sarvesh Singh, R/o Village and P.O.-Basantpur,
P.S.-Jandaha, District - Vaishali, at present working as Head Teacher at
N.P.S. Basantpur Harijan Tola, Block Jandaha, District - Vaishali.
12. Babban Kumar Singh, S/o Satyendra Narayan Singh, R/o Village and P.O.
Kadilpur, P.S.Jandaha, District - Vaishali, at present working as Exclusive
Teacher at GPS Jalalpur East, Block Jandaha, District - Vaishali.
13. Sarita Kumari, W/o Sunil Kumar, R/o Village and P.O.-Sahdulahpur, P.S.
Ganga Bridge Hajipur, District - Vaishali, at present working as Exclusive
Teacher at PM Shri Government Uchh Madhyamik Vidyalay
Chakgulamuddin, Block - Patedhi Belsar, District - Vaishali.
14. Rajesh Kumar Paswan, S/o Devendra Paswan, R/o Village Etwarpur Pakri,
P.O. -Manikpur Pakri, P.S. Lalganj, District Vaishali, at present working as
Exclusive Teacher at Govt. Adarsh M.S. Paura, Block - Lalganj, District -
Patna High Court CWJC No.3067 of 2026(2) dt.10-03-2026
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Vaishali.
15. Madhuranjan, S/o Ashok Kumar Singh, R/o Village and P.O. - Birpur, P.S. -
Jurawanpur, District - Vaishali, at present working as Head Teacher at NPS
Raghopur West Rajputana, Block -Raghopur, District - Vaishali.
16. Lakhendra Kumar, S/o Devendra Bhakta, R/o Village and P.O.-Sehan, P.S.-
Kathara, District - Vaishali, at present working as Head Teacher at GPS
Khorampur Chehrakala, Block Chehrakala, District Vaishali.
17. Amit Anand, S/o Shashi Bhushan Singh, R/o Village At Malti Sadan, Ward
No 22, H.N.-1006, P.S. Town Thana, Hajipur, District Vaishali, at present
working as TGT Science Teacher at PM Shri Kendriya Vidyalaya, BSF
Gandhinagar, Block Cooch Bihar - II, District - Cooch Bihar (West Bangal).
18. Aradhana Kumari, W/o Shailesh Kumar Sunny, R/o Village Akilabad, P.O.
Gadai Sarai, P.S. Hajipur Sadar, District - Vaishali, at present working as
Exclusive Teacher at UMS Pakadi Nayatola Bidupur, Block - Bidupur,
District - Vaishali.
19. Sanjay Kumar, S/o Ram Bilas Singh, R/o At - Mohinikunj Kumhrar Gumti,
P.O. -Mahendru, P.S. Bahadurpur, District Patna, at present working as
Exclusive Teacher at UMS Purushottampur No-1 Raghopur, Block
Raghopur, District Vaishali.
20. Bharat Kumar Sharma, S/o Nandkishor Sharma, R/o At - Er. 107, Janta Flat,
P.O. -Bh Colony, P.S. - Agam Kuan, District - Patna, at present working as
Head Teacher at NPS Ramganj Punpun, Block - Punpun, District - Patna.
21. Kusum Lata, W/o Karan Kumar, R/o Village-Gudary Bazar, P.O. - Hajipur
Pokhara Mohalla, P.S. - Town Thana, District - Vaishali, at present working
as Exclusive Teacher at GMS Balatand Bidupur, Block - Bidupur, District -
Vaishali.
22. Khurshid Alam, S/o Md. Ilyash, R/o Village and P.O. Bidupur Bazar, P.S.
Bidupur, District - Vaishali, at present working as Niyojit Teacher at UMS
Dowar Kothi Raja Pakar, Block - Raja Pakar, District - Vaishali.
23. Ramesh Kumar, S/o Bhola Singh, R/o Village and P.O.-Senduari, P.S.
Hajipur, District Vaishali, at present working as Exclusive Teacher at NPS
Baikunthpur Tola Gangajal, Block - Raja Pakar, District - Vaishali.
24. Gaurav Kumar, S/o Upendra Mishra, R/o Village - Loma, P.O.-Rajapakar,
P.S. - Baranti, District - Vaishali, at present working as School Teacher at
GMS Rajepur Berai, Block Raja Pakar, District - Vaishali.
25. Ram Dular Kumar, S/o Dorik Mahto, R/o Village Bahorchak, P.O. -
Chakhamid, P.S. Bakhri, District Begusarai, at present working as Exclusive
Teacher at UMS Ismailpur Bidupur, Block - Bidupur, District - Vaishali.
26. Anil Kumar, S/o Ram Surat Ray, R/o Village and P.O. Kalyanpur, P.S.
Bidupur, District - Vaishali, at present working as Niyojit Teacher at UMS
Khajwatti Bidupur, Block Bidupur, District Vaishali.
27. Asha Kumari, W/o Pramod Kumar, R/o Village and P.O. Sahduliahpur, P.S.
Ganga Bridge Hajipur, District Vaishali, at present working as Exclusive
Teacher at UMS Jhamman Ganj Jandaha, Block - Jandaha, District -
Vaishali.
28. Mamta Kumari, D/o Padam Kant Prasad, R/o Village - Mohabbatpur, P.O.
Patna High Court CWJC No.3067 of 2026(2) dt.10-03-2026
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Hajipur, P.S. Ganga Bridge Hajipur, District - Vaishali, at present working as
Head Teacher at GPS Mansingh URD Rajapakar, Block - Rajapakar, District
- Vaishali.
29. Sunil Kumar, S/o Rambabu Prasad, R/o Village-Kusiyari, P.O. Lakhani, P.S.
-Bidupur, District Vaishali, at present working as Exclusive Teacher at NPS
Gola Ghat Madhurapur, Block Bidupur, District - Vaishali.
30. Prabhu Nath Ray, S/o Banaras Ray, R/o Village - Amer, P.O. - Bidupur
Bazar, P.S. - Bidupur, District - Vaishali, at present working as Exclusive
Teacher at GPS Karmopur Nayatola, Block Bidupur, District - Vaishali.
31. Md Imteyaz, S/o Md Younus, R/o Village and P.O. Dih Buchauli, P.S.
Jandaha, District Vaishali, at present working as Exclusive Teacher at NPS
P.H.C. Mahisaur, Block Jandaha, District - Vaishali.
32. Vinay Kumar, S/o Sudishta Narayan Singh, R/o Village - Mohjamma, Ward
No - 15, P.O. Laxmipur, P.S. Mahua, District Vaishali, at present working as
Exclusive Teacher at UMS Nasratpur, Block - Jandaha, District - Vaishali.
33. Shajid Ahmad Khan, S/o Shakil Ahmad Khan, R/o At-Bauli Pandriva Masjid
Chowk, Hajipur, P.S. Hajipur, District Vaishali, at present working as
Exclusive Teacher at GMS Panapur Dharampur, Block Bidpur, District -
Vaishali.
34. Nikhat Sultana, D/o Shakil Ahmad Khan, R/o At-Bauli Pandriva Masjid
Chowk, Hajipur, P.S. Hajipur, District - Vaishali, at present working as
Exclusive Teacher at UMS Jamalpur, Block Hajipur, District - Vaishali.
35. Anoj Kumar, S/o Ram Vilash Ray, R/o Village and P.O.-Shubhai (Hat), P.S.
Hajipur, District Vaishali, at present working as Exclusive Teacher at UMS
Kutubpur Uttari, Block Bidpur, District - Vaishali.
36. Sujeet Kumar, S/o Kaliyug Ram Prabhakar, R/o Village - Chhatwara
Khaspatti, P.O. -Madhopur Nijhma, P.S. - Mahua, District - Vaishali, at
present working as Head Teacher at NPS Sharma Sharawanpatti, Block -
Mahua, District - Vaishali.

... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Secretary, Education Department, Government of Bihar, Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The Regional Deputy Director of Education, Muzaffarpur, District -
Muzaffarpur.
5. The District Education Officer, Vaishali, District Vaishali.
6. The District Programme Officer, Establishment (Education), Vaishali,
District - Vaishali.

... ... Respondent/s
======================================================
Appearance :
Patna High Court CWJC No.3067 of 2026(2) dt.10-03-2026
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For the Petitioner/s : Mr.Mrityunjay Kumar, Adv.
Mr. Mukesh Kumar Singh, Adv.
Mr. Arinjay Kumar, Adv.
Mr. Shivam Kumar, Adv.
Mr. Gautam Kumar, Adv.
For the Respondent/s : Mr. Deepak Sahay Mamuar, AC to AAG4
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER

2 10-03-2026 The instant writ petition has been filed for the

following relief:

“1. (i) For issuance of a writ in the nature of
Mandamus or any other appropriate
writ/order/direction to the respondent authorities to
consider and grant the benefits (Grade Pay) of
trained teacher to the petitioners since the date of
completion of two years in-service teachers training
course of Diploma in Elementary Education (In short
D.El.Ed.), Face-to-Face/Regular Course in Sessions
2015-17 and 2016-18 and all the petitioners have
passed their examinations on 19.01.2019 in the result
published by the Bihar School Examination Board,
Patna.
(ii) Further, for issuance of a writ in the nature
of Mandamus or any other appropriate
writ/order/direction to the respondents to grant all the
monetary benefits like arrears of differences of salary
as-well-as seniority since the due date of completion
of the teachers training to all the petitioners
according to the order/Judgment dated 01.02.2021
passed in C.W.J.C. No. 7938 of 2020 (Manoj Kumar
and others V/s The State of Bihar and others) which
has/has been upheld vide Order/Judgement dated
Patna High Court CWJC No.3067 of 2026(2) dt.10-03-2026
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03.04.2025 passed in L.P.A. No 456 of 2021 passed by
Hon'ble Division Bench of this Hon'ble Court and has
also been affirmed vide Order/Judgement dated
15.01.2026 passed in S.L.P. (Civil) Diary No(s) -
66035/2025 by Hon'ble Apex Court, and also in the
light of several other Orders/Judgements (Annexure
P/10 and P/12) passed by Hon'ble Coordinate
Benches of this Hon'ble Court.”
2. Counsel for the petitioners submits that the

petitioners have completed their in-service teachers training

course of Diploma in Elementary Education (Face-to-

Face/Regular) course in Sessions 2014-16, 2015-17 and 2016-

18 and they completed their course of in-service teachers

training in the years 2017 and 2018 itself and the final

examination of the said Sessions were conducted in the month

of October, 2018 due to laches on the part of the respondent

State authorities and there was no lapses on the part of the

petitioners and, therefore, they are entitled to grant of such

benefits of grade pay of trained teachers in the light of the

judgment rendered by the Co-ordinate Bench of this Court in the

case of Kishor Kumar and others Vs. The State of Bihar & Ors.

(CWJC No. 16165 of 2019) from the date of completion of their

in-service teachers training courses.

3. It is next submitted that the issues have already
Patna High Court CWJC No.3067 of 2026(2) dt.10-03-2026
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been put at rest relying upon the judgment passed by the Co-

ordinate Bench rendered in the case of Kishor Kumar (supra), a

detailed order has been passed in the case of Manoj Kumar &

Ors. Vs. State of Bihar & Ors. (CWJC No. 7938 of 2020), which

squirely covers the case of these petitioners.

4. It is next 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.) 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
within a period of sixty days from date of
receipt/production of a copy of this order".
Underline Supplied
Patna High Court CWJC No.3067 of 2026(2) dt.10-03-2026
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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.”
5. It is further submitted that against the order passed

by the Hon’ble Divisioin Bench in LPA No. 456 of 2021 in the

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.

6. On the other hand, counsel for the State submits

that since the issues have already been adjudicated and put at
Patna High Court CWJC No.3067 of 2026(2) dt.10-03-2026
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rest, therefore, all the petitioners may be directed to file

individual representation, giving their service profile with all

supportive materials before the District Education Officer,

Vaishali 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 the District

Education Officer, Vaishali 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.

7. With the aforementioned observations and

directions, the writ petition stands disposed of.

(Ajit Kumar, J)
rishi/-

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