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Patna High Court

Munilal RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the respondent to consider the petitioner’s claim for arrears of salary and to accord similar benefits if the claim is identical to those granted to other similarly situated persons.

Summary

Munilal Ram, a regular Assistant Teacher, was terminated on the ground that his teacher's training certificate was not recognized by the State Government. He challenged the termination, and a Division Bench reinstated him along with similarly situated teachers, but he was not paid salary for the period he was deprived of duty (February 2012 to February 2024). He filed a civil writ petition seeking arrears of salary and other monetary benefits. The Court noted its earlier order in CWJC No. 318 of 2026 directing authorities to consider similar claims and found no dispute on that precedent. Accordingly, the Court directed the District Education Officer to examine the petitioner's claim and, if it is identical to those granted to others, to award the arrears within ten weeks. The writ petition was disposed of with this direction.

Issues considered

  • Whether the petitioner is entitled to arrears of salary for the period February 2012 to February 2024 after illegal termination and subsequent reinstatement.
  • Whether the direction issued in CWJC No. 318 of 2026 is binding on the respondents to consider and grant the petitioner’s claim.
  • Whether the petitioner can claim monetary benefits on the same basis as similarly situated persons who were granted such benefits.

Subjects

  • arrears of salary
  • illegal termination
  • reinstatement
  • civil writ jurisdiction
  • education service
  • teacher's training certificate
  • monetary benefits

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.484 of 2026
     ======================================================
     Munilal Ram S/o Late Raj Baran Ram, Resident of Village- Chandrabhanpur,
     Post.-Panapur, PS- Karagahar, Dist- Rohtas.
                                                               ... ... Petitioner/s
                                        Versus
1.    The State of Bihar
2.   The Principal Secretary, H.R.D., Govt. of Bihar.
3.   The Director (Primary Education) H.R.D., Govt. of Bihar.
4.   The District Magistrate, Kaimur.
5.   The District Education Officer, Kaimur.
6.   The District Program Officer (Establishment), Dist Kaimur.
7.   The Block Education Officer, Bhagwanpur, Dist Kaimur.
8.    The Headmaster Upgraded Middle School Pahariya, Block Bhagwanpur,
      Dist Kaimur.
                                                       ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Bijay Shankar Choubey, Adv.
     For the Respondent/s   :      Mr. K P Gupta, GP-10
                                   Mr. Satya Vrat, AC to GP-10
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 19-01-2026

                  Heard the parties.

                  2. The petitioner has preferred the present writ petition

      seeking a direction upon the respondents to ensure payment of

      arrears of salary for the period February, 2012 to February,

      2024, during which the petitioner has not been allowed to

      perform his duty on the post of Assistant Teacher, without any

      justifiable reason.

                  3. Learned Advocate for the petitioner submitted that

      despite the petitioner having been duly appointed after following

      due procedure of selection on the post of Regular Assistant
Patna High Court CWJC No.484 of 2026 dt.19-01-2026
                                           2/3




         Teachers (trained) 34540 grade, on the direction of the Hon’ble

         Apex Court in the pay scale of Rs. 4,200/- Band P-2 Grade, the

         services of the petitioner has been dispensed with, on account of

         his teacher’s training certificate having been found not

         recognized by the State Government.

                     4. The petitioner in the aforesaid premise preferred

         CWJC No. 20429 of 2019, assailing the order of termination, the

         writ petition came to be disposed off in terms with the order

         passed in LPA No. 1254 of 2016 and other analogous matters

         bearing LPA No. 1309 of 2017 and LPA No. 1310 of 2017.

                     5. In pursuant to the order of the learned Division

         Bench, now the petitioner along with other identically situated

         persons have been reinstated in their services, but they have not

         been allowed the salary for the period, during which, they have

         been deprived from discharging their duty; irrespective of their

         appointment having been declared valid and they were wrongly

         restrained to discharge duties on their respective parts.

                     6. Identical issue has also come up for consideration

         before this Court in CWJC No. 318 of 2026, which came to be

         disposed off on 12.01.2026 with a direction to the concerned

         authorities to consider the claim of the petitioner for grant of salary

         and other monetary benefits, in case other similarly situated

         persons have been allowed similar benefits for the period during

         which they have also not been allowed to discharge the
             Patna High Court CWJC No.484 of 2026 dt.19-01-2026
                                                        3/3




                      duty, on account of illegal termination order.

                                  7. Learned Advocate for the State though prays for a

                      short adjournment to seek instruction and file counter affidavit,

                      however, he did not dispute with respect to the order passed by a

                      co-ordinate Bench of this Court in CWJC No. 318 of 2026.

                                  8. In view of the aforenoted submissions and the order

                      passed by this Court, referred hereinabove, instead of keeping

                      the matter pending, this Court deems it fit and proper to dispose

                      off the writ petition with a direction to the respondent no. 5 to

                      consider the claim of the petitioner for arrears of salary for the

                      month of February, 2012 to February, 2024; in terms with the

                      order dated 12.01.2026 passed by this Court in CWJC No. 318

                      of 2026 and if the claim of the petitioner is found identical to

                      those, who have been allowed identical benefit, as has been

                      prayed for in the writ petition, the similar benefits must be

                      accorded to the petitioner. The entire exercise must be

                      completed preferably within a period of ten weeks, from the date

                      of receipt/production of a copy of this order.

                                  9. Accordingly, the writ petition stands disposed off.



                                                  (Harish Kumar, J)
shivank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.01.2026
Transmission Date       NA


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