Patna High Court
Sunil Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the petitioner to file a representation and ordered the District Education Officer to adjudicate the claim in accordance with the parameters of the earlier judgments, thereby disposing of the writ petition.
Summary
The petitioner, a government teacher, filed a writ petition seeking to have his matric trained pay scale backdated to 01‑10‑2003, relying on earlier judgments that granted similar benefits to teachers who passed the 2004 examination after a later attempt. He argued that the High Court’s decision in Brajesh Kumar v. State of Bihar (CWJC 2892/2013) and its affirmation by the Division Bench (LPA 1870/2015) and the Supreme Court (SLP 28314/2018) should apply to him. The State contended that any relief must be granted only after a proper assessment of the petitioner’s claim in line with the parameters set by those precedents. The Court directed the petitioner to submit a detailed representation to the District Education Officer within four weeks and ordered the officer to adjudicate the claim within twelve weeks according to the established parameters. The Court further held that any benefits found due would be payable retroactively, and the writ petition was disposed of.
Issues considered
- Whether the petitioner is entitled to the matric trained pay scale with effect from 01‑10‑2003 under the precedent of Brajesh Kumar v. State of Bihar.
- Whether the respondent authorities must consider the petitioner’s representation and grant benefits in accordance with the parameters laid down by the High Court and Supreme Court judgments.
- Whether the Court can direct the filing of a representation and set timelines for adjudication of the claim.
Subjects
- matric trained pay scale
- teachers' service conditions
- Bihar Litigation Policy
- writ jurisdiction
- representation
- pay scale backdating
- public service employment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3889 of 2026
======================================================
Sunil Kumar Prasad Son of loate Ramjalesh Ram, Resident of Villoage-
Ramnagar, Post Office- Balahu, Police Station- Darauli, District- Siwan. At
present posted and working as Graduate Trained Teacher in Govt. Upgraded
Middle School Kharadara, Anchal- Andar, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The Regional Deputy Director of Education, Saran Division, Chapra.
5. The District Education Officer, Siwan.
6. The District Programme Officer (Establishment), Siwan.
7. The Block Education Officer, Andar, District- Siwan.
8. The District Accounts Officer, Siwan.
9. The District Treasury Officer, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Prabhat Kumar Verma, AAG-3
Ms. Divya Verma, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondent authorities
concerned to shift the date of grant of matric
trained pay scale of the petitioner since 01.10.2003
in light of the order passed by this Hon’ble High
Court in CWJC No.2892 of 2013 (Brajesh Kumar
& Ors. vs. the State of Bihar & Ors.) which has
been affirmed by the Division Bench of this Court
in LPA No.1870 of 2015 (The State of Bihar & Ors
Patna High Court CWJC No.3889 of 2026(2) dt.24-03-2026
2/4
vs. Brajesh Kumar & Ors.) on 17.01.2018 and the
same has also been affirmed by the Hon’ble
Supreme Court in Special Leave Petition (Civil)
Diary No (s). 28314/2018 (The State of Bihar &
Ors. vs. Brajesh Kumar & Ors.) whereby, the
teachers, who could not pass in one or two papers
in the examination conducted in the year 2004 by
the Bihar School Examination Board, Bihar, Patna
and appeared and passed the said examination in
the year 2007 and the result published in the year
2008 on the basis of marks of 2004 and 2007, have
been treated to have passed the teachers training
in first attempt itself and monetary benefits have
been directed to be given since 01.10.2003.
(ii) For directing the respondent authorities
concerned to consider the case of the petitioner for
shifting the date of grant of matric trained pay
scale since 01.10.2003 in the light of the aforesaid
orders passed by this Hon’ble Patna High Court in
CWJC No.2892 of 2013 (Brajesh Kumar & Ors. vs.
the State of Bihar & Ors.), which has been
affirmed by the Division Bench of this Court in
LPA No.1870 of 2015 (The State of Bihar & Ors vs.
Brajesh Kumar & Ors.) on 17.01.2018 and the
same has also been affirmed by the Hon’ble
Supreme Court in Special Leave Petition (Civil)
Diary No (s). 28314/2018 (The State of Bihar &
Ors. vs. Brajesh Kumar & Ors.) and grant same
and similar benefits as has been granted to the
aforesaid writ petitioners, namely, Brajesh Kumar
and Others under Bihar Litigation Policy, 2011
Rule 4 (C)(1).
(iii) For directing the respondent authorities to
dispose of the representation of the petitioner by
reasoned and speaking order by ventilating his
genuine grievances for grant of matric trained pay
scale since 01.10.2003, as has been given to other
similarly situated teachers in light of the orders
referred to above.
Patna High Court CWJC No.3889 of 2026(2) dt.24-03-2026
3/4
(iv) For any other relief(s) for which the petitioner
would be entitled in the facts and circumstances of
the case.
3. Learned counsel for the petitioner submits that the
petitioner is entitled to the matric trained pay scale w.e.f.
01.10.2003 in light of the judgment rendered by this Court in
CWJC No. 2892 of 2013 (Brajesh Kumar & Ors. vs. The State
of Bihar & Ors.), which has been approved by the Division
Bench of this Court in LPA No. 1870 of 2015 (The State of
Bihar & Ors. vs. Brajesh Kumar & Ors.) vide order dated
17.01.2018, and the same has also been affirmed by the Hon’ble
Supreme Court in Special Leave Petition (Civil) Diary No(s).
28314/2018 (The State of Bihar & Ors. vs. Brajesh Kumar &
Ors.). He further submits that the petitioner obtained the
teachers training course for the session 1999-2000 through
Primary Teachers Training College, Siwan, and the examination
for the said training was conducted in the year 2004.
4. Learned counsel for the State submits that if the
petitioner’s claim for the matric trained pay scale w.e.f.
01.10.2003 is found justified, then after examining the bona
fides of the petitioner, directions may be given to the authorities
concerned may be directed to adjudicate his claim strictly in
consonance with the parameters laid down by the coordinate
Patna High Court CWJC No.3889 of 2026(2) dt.24-03-2026
4/4
Bench in CWJC No. 2892 of 2013, as approved by the Division
Bench in LPA No. 1870 of 2015 vide order dated 17.01.2018,
and affirmed by the Hon’ble Supreme Court in Special Leave
Petition (Civil) Diary No(s). 28314/2018.
5. Considering the submissions of the parties, this
Court finds it appropriate to direct the petitioner to file a
detailed representation before the District Education Officer,
Siwan, for redressal of his grievances within a period of four
weeks from today. Upon receipt of the same, the District
Education Officer, Siwan, is directed to adjudicate the claim of
the petitioner strictly in terms of the parameters fixed by the
learned Single Judge, the Hon’ble Division Bench, and the
Hon’ble Supreme Court within a period of twelve weeks
thereafter.
6. Needless to say, the benefits for which the
petitioner is found entitled in law upon adjudication of his claim
shall be extended in his favour within the same time frame.
7. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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