Patna High Court
Tanik PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the respondents must consider the petitioners' claim for the matric‑trained pay scale in strict conformity with the Abdus Samad judgment and pass appropriate orders if the claims are genuine.
Summary
The petitioners, two assistant teachers, filed a writ petition seeking the grant of the matric‑trained pay scale and consequential benefits, contending that they are entitled to such benefits from 2003 as per the precedent set in Abdus Samad v. State of Bihar (CWJC No. 7322 of 2017). The State argued that the matter had already been settled by the Abdus Samad judgment and that the authorities should apply the parameters fixed therein. The Court examined the applicability of the Abdus Samad order and noted that similar benefits had been granted to other teachers following that decision. It directed the petitioners to file individual representations with supporting documents before the District Programme Officer within four weeks, and ordered the respondents to decide the claims within eight weeks. If the claims are found genuine, the Court ordered that the matric‑trained pay scale and all related benefits be granted. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners are entitled to the matric‑trained pay scale from the date of eligibility as per Abdus Samad judgment.
- Whether the authorities must adhere strictly to the parameters fixed in Abdus Samad while adjudicating the claim.
- Whether consequential benefits arising from the grant of the matric‑trained pay scale should be awarded.
Subjects
- matric trained pay scale
- teachers' salary
- writ petition
- implementation of court order
- State education department
- consequential benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4434 of 2026
======================================================
1. Tanik Prasad S/o- Late Fouzdhari Mahto, Resident of Village- Saildhi, P.S.-
Bhadour, District- Patna, Bihar, presently posted as Asst. Teacher, Middle
School, Salempur, P.S.- Barh, District- Patna.
2. Mohammad Ijtabh Hussain, S/o- Late Iftekhar Khan, R/o- Mohalla-
Lakempur, P.S.- Barh, District- Patna, presently posted as Asst. Teacher,
Primary School, Panchsil Nagar, Barh, P.S.- Barh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Education
Department, Bihar, Patna.
2. The Addl. Chief Secretary, Education Department, Government of Bihar,
Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The Regional Deputy Director of Education, Patna Division, Bihar, Patna.
5. The District Education Officer, District- Patna, Bihar.
6. The District Programme Officer (Estab.), Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad, Advocate
For the Respondent/s : Mr. Standing Counsel (22)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i) For commanding the respondents to grant
matric trained scale of pay to the petitioners w.e.f.
compliation of 3 years of the appointment in the
light of order dated 11.04.2018 passed in CWJC
No. 7322 of 2017 (Abdus Samad V/s The State of
Bihar and Ors.).
(ii) For further commanding the respondents
for grant of all consequential benefits arising out
of the same.
Patna High Court CWJC No.4434 of 2026(2) dt.31-03-2026
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(iii). For any other relief/ reliefs for which
petitioners are found entitled in the facts and
circumstances of the present case.
3. Learned counsel for the petitioners submits that the
petitioners are entitled for grant of matric trained pay-scale with
effect from 2003, but for no prudent reason and contrary to the
dictum of this Hon’ble Court, rendered in the case of Abdus
Samad v. State of Bihar & Ors, (CWJC No. 7322 of 2017),
such benefits have been extended in favour of these petitioners
from 2009, which is in teeth of the order passed by this Court.
4. It has next been submitted that relying upon the
said judgment, various orders have been passed by the Co-
ordinate Bench, which maybe referred from the case of Sanjay
Kumar v. The State of Bihar and Others (C.W.J.C. No.5129 of
2009), and in consequence of such directions having been issued
by this Court and the authorities of different districts have
already granted such benefits to similarly situated persons and
necessary decision so taken in this respect has also been
appended with the writ petition as Annexure-P/6.
5. On the other hand, learned counsel for the State
submits that since the issues have been put at rest in the case of
Abdus Samad (supra) and the authorities maybe directed to
adjudicate the claim of these petitioners strictly in consonance
Patna High Court CWJC No.4434 of 2026(2) dt.31-03-2026
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with the parameters so fixed by this Court in the aforesaid case
and in case, the petitioner’s claims are found to be genuine,
necessary orders may be directed to be passed in accordance
with law.
6. Considering the aforesaid, this Court directs the
concerned respondents to consider the claim for grant of matric
trained pay-scale from the date of its eligibility, strictly in
consonance with Abdus Samad (supra), for which appropriate
representation shall be filed by these petitioners individually
with all supportive materials before the District Programme
Officer (Establishment), Bihar, Patna, within a period of four
weeks from today and on filing of such representation,
necessary orders shall be passed within a further period of eight
weeks and if the claims are found genuine, then appropriate
orders for grant of matric trained pay-scale shall be made and all
consequential benefits shall also be extended in favour of these
petitioners, within the same time.
7. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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