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Patna High Court

Sunil Kumar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

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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