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Patna High Court

Bindeshwari Prasad Yadav @ Vindeshwari YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


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