Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The respondents must grant the petitioners the trained‑pay‑scale benefits from the date of completion of their training, as mandated in earlier judgments.
Summary
The petitioners, a group of untrained Panchayat/Prakhand/Nagar teachers appointed between 2013‑2016, alleged that the State of Bihar delayed their mandatory teacher‑training and the publication of examination results, thereby depriving them of the trained‑pay‑scale. The Court noted that similar grievances had been resolved in Kishor Kumar & Ors. v. State of Bihar (CWJC 16165 of 2019) and Manoj Kumar & Ors. v. State of Bihar (CWJC 7938 of 2020), where the respondents were directed to grant trained‑scale benefits from the date of training completion. The State’s attempts to challenge those precedents via a letters‑patent appeal and a special leave petition were dismissed. Relying on the settled principle that a party cannot defeat a genuine claim due to administrative lapses, the Court ordered the Director of Primary Education to consider the petitioners’ representation dated 24‑25 July 2025 and grant the trained‑pay‑scale benefits within eight weeks. The Court further clarified that any petitioners whose cases are identical to those previously granted relief must receive the same benefit. Consequently, the writ petition was disposed of with the said direction.
Issues considered
- Whether the delay in teacher‑training and result publication by the State of Bihar entitles the petitioners to the trained‑pay‑scale from the date of training completion.
- Whether the State can rely on its own procedural lapses to deny the petitioners’ claim to the trained‑pay‑scale.
Subjects
- trained pay scale
- teacher training delay
- public service employees
- writ petition
- Bihar State Litigation Policy
- principle of vested rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3751 of 2025
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1. Mukesh Kumar S/o. Braj Mohan Prasad, R/o- Rani Ghat Lane, P.O.-
Mahendru, P.S.- Sultanganj, Patna, Pincode - 800006, Presently posted at
P.S.- Nizampur Tola, Block- Bikram, Distt.- Patna.
2. Anuj Kumar, S/o Om Prakash Yadav, R/o- Village - Aadarsh Nagar Fulakia,
Shankarpur, Khawss, P.O. and P.S.- Ghogha, Kahalgaon, Bhagalpur,
Pincode- 813205, Presently Posted at N.P.S. Alalkitta, Block- Dhoraiya,
Distt.- Banka.
3. Jyoti Nandan Yadav, S/o- Nuneshwar Yadav, R/o- Village Bartar, P.O.-
Bhairoganj via katoriya P.S.- Chandan, katoriya, Distt.- Banka, Pin code-
813106 Presently Posted at MS. Bijikhorba, Block- Belhar, Distt.- Banka.
4. Pradeep Kumar, S/o.- Yogendra Prasad Das, Ward No.- 01, Bhogu Sah Lane,
Maskand, Mohanpur, P.O- Champanagar, P.S.- Nathnagar, Distt.- Bhagalpur,
Pincode- 812004, Presently posted at P.S. Maldachak, Block- Amarpur,
Banka.
5. Balram Prasad Yadav, S/o Dahanju Prasad Yadav, R/o-Village - Mayabandh,
P.O.- Baghwa, P.S.- Bounsi, Distt.- Banka, Pincode - 813104, Presently
Posted at M.S. Sahebganj, Block Belhar, Distt.- Banka.
6. Ramaditya Yadav, S/o Ras Bihari Yadav, R/o.- Hardevchak, P.O. and P.S.-
Ishipur, Distt.- Bhagalpur, Pincode- 813206, Presently posted at M.S.
Gokulmathura, Block- Pirpaintt, Distt.- Bhagalpur.
7. Rashmi, W/o. Rajnikant Ghosh, R/o.- F-22, Irrigation Colony, Jawaripur,
P.O and P.S.-Tilak Manjhi, Distt.- Bhagalpur, Pincode- 812003, Presently
posted at P.S.- Khadibhandar Naya Tola, Block- Pakra, Distt.- Bhagalpur.
8. Rakesh Konark, S/o- Sukhdev Chunihara, R/o- Arya Tola, P.O. and P.S.-
Sabour, Distt.- Bhagalpur, Pincode- 813210, Presently posted at P.S.-
Madhepura Goghttakahalgaon, Distt.- Bhagalpur.
9. Piyush Kumar, S/o.- Vishnudev Das, R/o.- Choti Khanjarpur, P.O-
Barikhanjarpur, P.S.-Barari, Distt.- Bhagalpur, Pincode- 812001, Presently
Posted at P.S.- Satanpokhar Sc Tola, Vishanpur, Block-Gaura Dih, Distt.-
Bhagalpur.
10. Kundan Kumar, S/o- Ashok Kumar Patel, R/o- Naya Tola Naugachia, P.O.
and P.S.- Naugachia, Distt.- Bhagalpur, Pincode- 853204, Presently Posted
at P.S.- Acharya Tola Pakra, Block- Naugachia, Distt.-Bhagalpur.
11. Aditya Kumar Chaudhry, S/o- Banarsi Prasad Chaudhry, R/o. Pirpainti,
Shermari Hat, Moheshram, P.O. and P.S.- Pirpainti, Distt.- Bhagalpur,
Pincode- 813209, Presently Posted at M.S. Sakanda, Block- Pirpainti, Distt.-
Bhagalpur.
12. Rajiv Kumar Das, S/o- Rambilas Harijan, R/o- Village and P.O.-
Mathurapur, P.S.- Kahalgaon, Distt.- Bhagalpur, Pincode- 81322 Presently
Posted at M.S. Pakra Toli, Block- Gopalpur, Distt.- Bhagalpur.
13. Nayantara Choudhary, W/o. Yogendra Kumar Sharma, R/o. Patel Nagar,
P.O. and P.S.- Kahalgaon, Distt.- Bhagalpur, Pincode- 813203, Presently
Posted at M.S. Shyampur, Block- Kahalgaon, Distt.- Bhagalpur.
Patna High Court CWJC No.3751 of 2025 dt.19-01-2026
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14. Madhu Kumari, W/o.- Niranjan Kumar, R/o.- Janki Prasad Lane, P.O- Badi
Post Office, Ghantaghar, P.S.- Isakchak, Distt - Bhagalpur, Pincode- 812001,
Presentaly Posted at M.S. Bodhwa, Block- Navgachia, Distt.- Bhagalpur.
15. Amrendra Kumar, S/o- Raj Kishor Yadav, R/o- English P.O.- Farka, P.S.-
Sabour, Distt.- Bhagalpur, Pincode- 813210, Presently posted at P.S.
Kulkuliya Ghogha, Block- Kahalgaon, Distt - Bhagalpur.
16. Md. Nayyer Ansari, S/o.-Mohammed Jamil Akhtar, R/o.- Gumti No.- 03,
Hatiya Tank Lane, Near Chhoti Masjid, Bhikhanpur, P.O- Head Post office,
P.S.- Ishachak, Distt. Bhagalpur, Pincode- 812001, Presently posted at P.S.
Khiri bandh Haat, Block-Jagdishpur, Distt- Bhagalpur.
17. Purnima Kumari, D/o- Vijay Shankar Bhagat, R/o- Jail Road, Jawaripur,
Jagdishpur, P.O. and P.S.- Tilaka Manjhi, Distt - Bhagalpur Pincode 812001
Presently Posted at M.S. Suktiya Bazar, Block-Gopalpur, Distt.- Bhagalpur.
18. Kranti Kumari, D/o- Surydevsingh, R/o.- Vill. and P.O. and P.S.- Mahagama,
Distt.- Godda, Jharkhand, Pincode- 814154 Presently Posted at M.S.
Sabaipur Boys, Block- Barahaat, Distt.- Banka.
19. Amarjeet Kumar, S/o.- Ramdeo Prasad Singh, R/O.- Vill. and P.O.-
Gurudwar, Vijayhat, Kolhatha, Distt.- Banka, Pincode- 813109 Presently
posted at N.P.S. Basta Harijan, Block- Dhoraiya, Dist.- Banka.
20. Mamta Kumari, W/o- Pramod Kumar, R/o Ramnagari Sector- 2, Rajiv
Nagar, Ashiyana Nagar, P.O.- Ashiyana Nagar, P.S.- Rajiv Nagar, Distt.
-Patna, Pincode- 800025, Presently Posted at G.M.S. Sherpur, Block- Maner,
Distt.- Patna.
21. Jyoti Kumari, D/o- Vijay Kumar Besra, R/o- Uttari Mandiri, P.O.- G.P.O,
P.S.- Buddha Colony, Distt.- Patna, Pincode- 800001 Presently Posted at
G.M.S. Sherpur, Block- Maner, Distt.- Patna.
22. Pushpam Kumari, W/o.- Sujeet Kumar Jha, R/o.- H.No.- 52, Vishnu Lane,
Panchsil Nagar, Gola Road, P.O. and P.S. Danapur, Distt.- Patna, Pincode-
800012, Presently Posted at U.M.S. Sarai, Block-Maner, Distt.- Patna.
23. Manoj Kumar, S/o.- Awadhesh Kumar, R/o.- H.No.- 1553, P.O. and P.S.-
Sector- 12A, Bokaro Steel City, Jharkhand, Pincode- 827012, Presently
posted at G.M.S. Rampur 31, Block- Maner, Distt.- Patna.
24. Munmun Bharati, W/o- Prakash Ranjan Patel, R/o- Mehar Par, P.O- Rana
Bigha, P.S.- Biharsharif, Nalanda, Pincode- 803101 Presently posted at M.S.
Amraura, Block- Chandi, Distt.- Nalanda.
25. Dheeraj Kumar, S/o. Prabhat Prasad, R/o.- Vill. and PO. and P.S.- Parwalpur,
Distt.- Nalanda, Pincode- 803114 Presently Posted at U.M.S. Ahiyapur,
Block- Sarmera, Distt.- Nalanda.
26. Ranjan Bharti, S/o- Saroj Prasad, R/o. Vill. and P.O.- Gaurav Nagar, P.S.-
Parwalpur, Distt.- Nalanda, Pincode- 303114 Presently Posted at P.S.-
Maheshour, Block- Ben, Distt.- Nalanda.
27. Rajesh Kumar, S/o. Binod Kumar, R/o Vill.- Kurmia Bigha, P.O.
-Babhanbarui, P.S.- Hilsa, Distt. Nalanda, Pincode- 801302 Presently Posted
at P.S.- Jaitpur, Block- Tharthari, Distt.- Nalanda.
28. Shashi Bhushan Prasad, S/o - Sita Ram Prasad, R/o.-Vill.- Balchand Bigha,
P.O. and P.S.- Ben, Distt.- Nalanda, Pincode- 803114, Presently posted at
Patna High Court CWJC No.3751 of 2025 dt.19-01-2026
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P.S.- Akaidpar, Block- Ben, Distt.- Nalanda.
29. Mahesh Kumar, S/o. Ramchandra Pandit, R/o. P.O. and P.S.- Hilsa, Distt.-
Nalanda, Pincode-801302, Presently Posted at P.S.- Jaitpur, Block-Tharthari,
Distt.- Nalanda.
30. Sanjay Kumar, S/o. Durga Yadav, R/o- Nosra, P.O. and P.S.- Noorsari,
Pincode- 803113, Presently Posted at P.S.- Akauna, Block- Tharthari, Distt.-
Nalanda.
31. Mantosh Kumar, S/o.- Sunil Prasad, R/o.- Vill.- Rasalpur, P.O. and P.S.-
Bind, Distt.- Nalanda, Pincode- 803107, Presently posted at U.M.S.
Chainpur, Block- Islampur, Distt.- Nalanda.
32. Tarnay Kumar Keshri, S/o.- Krishan Deo, R/o- Vill.-Vishunpur, P.O.
Tajnipur, P.S.- Bind, Distt.- Nalanda, Pincode -803213 Presently posted at
U.M.S. Alinagar, Block- Ashthawan, Distt.- Nalanda.
33. Neetu Kumari, W/o. Shailendra Yadav, R/o.- Vill.- Bijwanpar, P.O.-
Mahanandpur, P.S.- Deep Nagar, Distt.- Nalanda, Pincode- 803101,
Presently Posted at M.S. Nirpur, Block Silao, Distt.- Nalanda.
34. Nitish Kumar, S/o. Naresh Prasad Sinha, R/o P.O.- Toygarh, P.S.- Jairampur,
Distt.- Sheikhpura, Pincode- 811101, Presently Posted at P.S.- Kottra,
Jahangirpur, Block- Sarmera, Distt.- Nalanda.
35. Prakash Kumar, S/o. Lala Prasad, R/o. Vill.- Narayanpur, P.O.- Barbigha,
P.S.- Barbigha, Distt.- Sheikhpura, Pincode- 811101, Presently Posted at
P.S.- Kottra, Jahangirpur, Block- Sarmera, Distt.-Nalanda.
36. Neelam Bharti, W/o.- Sanjay Kumar, R/o.- Bhaisasur, P.O.- Biharshariff,
P.S. Laheri, Distt.- Nalanda, Pincode- 303101, Presently Posted at Nav
Nalanda M.S. Nirpur, Block- Silao, Distt. - Nalanda.
37. Pranjali, D/o.-Devendra Prasad R/o. P.O. and P.S.- Parwalpur, Distt.-
Nalanda, Presently Posted at Primary School Amber, Block-Biharshariff,
Distt.- Nalanda.
38. Gautam Kumar, S/o- Ashok Kumar Pandey, R/o- Mohalla- Dariyapur Gola,
North of Radha Krishan Chauraha Arya Kumar Road, P.O.- Bankipur, P.S.-
Pirbahore, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary Govt. of Bihar Patna.
2. The Chief Secretary, Govt. of Bihar Patna.
3. The Addl Chief Secretary, Education Department, Govt. of Bihar, Patna.
4. The Director, Primary Education, Govt. of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar No. 1, Adv.
For the Respondent/s : Mrs. Binita Singh, SC-28
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL JUDGMENT
Date : 19-01-2026
Heard the parties.
2. The batch of writ petitioners was duly appointed as
untrained Panchayat/Prakhand/Nagar Teachers in the year 2013-
2016 by the competent authority. Despite having their
appointments been made with a clear stipulations that the
petitioners shall be sent for teachers training to their respective
training colleges, they had been sent belatedly. Even though the
petitioners have duly appeared in the examination, but their
results have been published with a further delay and thereby,
depriving them from trained scale for a pretty long time, without
there being any fault on their part.
3. Identical issue has come up for consideration before
this Court in case of Kishor Kumar & Ors. Vs. The State of
Bihar & Ors., CWJC No. 16165 of 2019, which came to be
disposed off on 09.08.2019, by observing as follows:-
“Considering the aforesaid,
the writ petition is disposed of with a
direction to the Director, Primary
Education to consider the case of the
petitioners and grant the benefit from the
date of completion of training to the
petitioners as the lapses on the part of the
respondents cannot be a ground to deny
the benefit of trained pay scale. It is now
well settled that one cannot take
advantage of his own wrong in defeating
Patna High Court CWJC No.3751 of 2025 dt.19-01-2026
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the genuine claim. Chief Justice Chhagla
of Bombay High Court in the case of All
India Groundnut Syndicate Ltd. Vs.
Commissioner of Income Tax, Bombay
City: AIR 1954 Bom. 232 has occasion to
settle the principle on the similar line
there is judgment of the Apex Court in the
case of State of Maharashtra Vs.
Jagannath Achyut Karandikar: AIR
1989 SC 1133. 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 the date of
receipt/production of a copy of this order.
With the aforesaid, the writ
petition stands disposed of.”
4. Mr. Mukesh Kumar No. 1, learned Advocate for the
petitioners submitted that identically situated persons also
approached this Court in CWJC No. 7938 of 2020 (Manoj
Kumar & Ors. Vs. The State of Bihar & Ors.) with other
analogous writ petitions, which came to be disposed off in the
light of the aforenoted decisions on 01.02.2021. Aggrieved with
the order passed by learned Single Judge, the State has
unsuccessfully preferred letters patent appeal bearing LPA No.
456 of 2021, which came to be dismissed on 03.04.2025.
5. Referring to the aforenoted decisions, it is
submitted that despite the issue having been settled up to the
Patna High Court CWJC No.3751 of 2025 dt.19-01-2026
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Division Bench of this Court, the petitioners have not been
accorded the identical relief in the light of the Bihar State
Litigation Policy especially Clause 4 (c) (i) thereof. Hence, the
present application.
6. Learned Advocate for the State though did not
confront with the legal position, however it is apprised to this
Court that against the order passed by the Division Bench in
LPA No. 456 of 2021, the State has preferred SLP (Diary) No.
66035 of 2025 dated 17.11.2025.
7. At this juncture, learned Advocate for the petitioner
submitted that the SLP preferred by the State of Bihar also came
to be dismissed on 15.01.2026, hence there is no impediment in
extending the benefit in terms with the order passed by this
Court in Kishor Kumar & Ors. (supra) as well as the order
passed in CWJC No. 7938 of 2020 (Manoj Kumar & Ors. Vs.
The State of Bihar & Ors.) duly affirmed by the learned
Division Bench in LPA No. 456 of 2021.
8. Having considered the aforesaid facts and
circumstances as well as the position in law, as held by the
learned Single Judge as well as Division Bench of this Court,
this Court deems it apt and proper to dispose off the writ
petition with a direction to the respondent no. 4 to take up the
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representation of the petitioners dated 24/25.07.2025, the copy
of which is marked as Annexure-P/9 to the writ petition and
bring to its logical conclusion, preferably within a period of
eight weeks, from the date of receipt/production of a copy of
this order.
9. It is made clear that if the claim of the petitioners
find identical to those, who have been accorded the relief, as
prayed for in the writ petition, the identical relief must be
accorded to the petitioner.
10. The writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.01.2026
Transmission Date NA
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