Patna High Court
Bindeshwari Prasad Yadav @ Vindeshwari YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petition cannot be decided immediately and must be referred to the authorities for a detailed representation, after which a decision on entitlement will be rendered within a stipulated period.
Summary
The petitioner, a teacher, filed a writ petition seeking the grant of Matric Trained Pay Scale, along with revised pension, gratuity and arrears, alleging discrimination and violation of Articles 14 and 16 of the Constitution. The State argued that the issue had already been decided in earlier judgments (Sitaram Ram and Kamleshwari Prasad Yadav) and that the petitioner fell within those parameters. The Court noted the need for the petitioner to file a detailed representation with supporting material within four weeks. It directed that a final order on the entitlement be passed within eight weeks of the representation, and that any benefits due be extended within the same period if the petitioner is found eligible. Consequently, the writ petition was disposed of pending the filing of the representation.
Issues considered
- Whether the petitioner is entitled to the Matric Trained Pay Scale upon completion of one‑year in‑service training.
- Whether denial of the Matric Trained Pay Scale violates Articles 14 and 16 of the Constitution.
- Whether the earlier judgments in Sitaram Ram (2013) and Kamleshwari Prasad Yadav (2017) are binding on the present petition.
Subjects
- Matric Trained Pay Scale
- Teacher service benefits
- Article 14
- Article 16
- Discrimination
- Writ of Mandamus
- Pension revision
- Bihar Education Department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3809 of 2026
======================================================
Bindeshwari Prasad Yadav @ Vindeshwari Yadav Son of Late Kalar Yadav,
Resident of village- Bhantranha, P.S.- Ghailarh, District- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
3. The Regional Deputy Director of Education, Kosi Division, Saharsa.
4. The District Education Officer, Saharsa.
5. The District Program Officer (Estasblishment), Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Adv.
Mr. Pramod Mishra, Adv.
For the Respondent/s : Mr. U.S.S. Singh, GP19
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 23-03-2026 The writ petition has been filed for the following
relief:-
“1. a) To Issue a writ in the nature of
Mandamus directing the respondents to grant the
benefit of Matric Trained Pay Scale to the
petitioner on the basis of completion of one-year
in-service training from Government Teacher
Training College, Saharsa, and to fix his pay
accordingly from the date of entitlement;
b) Issue a writ directing the respondents
to revise the petitioner's pension, gratuity and all
consequential retiral benefits on the basis of
Matric Trained Pay Scale;
Patna High Court CWJC No.3809 of 2026(2) dt.23-03-2026
2/3
c) Direct the respondents to pay the
arrears of salary and retiral dues along with
statutory interest @ 9% per annum, in parity with
the judgment passed in CWJC No. 13483 of 2015
(Rajendra Prasad Mehta vs. State of Bihar);
d) Declare that denial of Matric Trained
Pay Scale to the petitioner, despite granting the
same to similarly situated teachers, is arbitrary,
discriminatory and violative of Article 14 and 16 of
the Constitution of India.”
2. Counsel for the petitioner submits that the
petitioner has filed this writ application for grant of benefit of
Matric Trained Pay-scale on the basis of completion of one year
in service training from the Government Teachers Training
College, Saharsa and to fix his pay accordingly from the date of
entitlement.
3. It is next submitted that the issues have already
been put at rest and is covered by the order dated 07.04.2022
passed in the case of Kamleshwari Prasad Yadav Vs. The State
of Bihar & Ors. (CWJC No. 1528 of 2017 and other analogous
cases), which has been passed, relying upon the judgment
rendered by the Co-ordinate Bench in the case of Sitaram Ram
Vs. The State of Bihar & Ors. (CWJC No. 18410 of 2013).
4. On the other hand, counsel for the State submits that if the
petitioner has already obtained the requisite training and since
Patna High Court CWJC No.3809 of 2026(2) dt.23-03-2026
3/3
the issue has already been adjudicated by this Court in the case
of Sitaram Ram (supra) and the petitioner’s case also falls
within the parameter of the said case, the authorities concerned
may be directed to take a final decision for grant of pay-scale
and the benefits thereof.
5. Considering the aforesaid submissions of the
parties, this Court finds it appropriate that the petitioner would
be filing a detailed representation with all supportive materials
and, as also, the judgment referred in this case within a period of
four weeks from today and upon filing of such representation,
the necessary order shall be passed within a period of eight
weeks from the date of filing of the representation and, after
adjudication, if it is found that the petitioner is entitled to such
benefits, the same shall also be extended to him within the same
period of eight weeks.
6. The writ petition is accordingly disposed of.
(Ajit Kumar, J)
rishi/-
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