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Patna High Court

Sharda Ranjan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

If the petitioners’ case is covered by the Abdus Samad judgment, they shall be granted the Matric Trained Teachers pay‑scale and related benefits.

Summary

A group of seven assistant teachers filed a writ petition seeking direction that they be placed on the Matric Trained Teachers pay‑scale with effect from the date they completed three years of service, arguing that similarly situated teachers had been granted the same benefit following the High Court’s decision in Abdus Samad v. State of Bihar. The petitioners relied on that precedent and on subsequent cases (CWJC No.5092 of 2020) to claim entitlement to the pay‑scale and consequential benefits such as salary differentials and placement in the gradation list. The State contended that, per Abdus Samad, the petitioners must first file a representation before the District Programme Officer (Establishment), Vaishali. The Court held that the petitioners should file such a representation within four weeks and that the respondent should decide the matter within four months; if the petitioners’ case falls within the scope of Abdus Samad, they shall be granted the same benefits. Consequently, the writ application was disposed of, directing the petitioners to approach the respondent for a representation.

Issues considered

  • Whether the petitioners are entitled to be placed on the Matric Trained Teachers pay‑scale with effect from the completion of three years of service.
  • Whether the petitioners must first file a representation before the District Programme Officer as per the precedent set in Abdus Samad v. State of Bihar.

Subjects

  • pay scale
  • matric trained teachers
  • service tenure
  • writ petition
  • representation
  • education department
  • Bihar

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6174 of 2026
     ======================================================
1.    Sharda Ranjan Singh son of Late Amrendra Kumar Singh, resident of
      village- Teliya, P.O. Kalyanpur, P.S. Rajapakar, District- Vaishali at Hajipur
      presently working as an Assistant Teacher, Nationalized Primary School,
      Gandhi Tola, Jafarpatti, Anchal- Rajapakar , District - Vaishali at Hajipur.
2.   Ramanand Chaudhary son of Late Chandrika Chaudhary, resident of village
     -Lalganj, P.O. and P.S. Lalganj, District - Vaishali at Hajipur, presently
     working as an Assistant Teacher, Upgraded Middle School, Shyampur
     Pakari, Anchal-Lalganj, District - Vaishali at Hajipur.
3.   Sujit Kumar son of Late Permeshwar Choudhary, resident of village-
     Vihawarpur, P.O. Madhurapur, P.S. Bidupur, District Vaishali at Hajipur
     presently working as an Assistant Teacher Upgraded Middle School,
     Shahwajpur Patwa, Anchal Hajipur, District Vaishali at Hajipur.
4.   Gaurav Kumar Niraj son of Late Brajkishore Prasad Singh, resident of Dighi
     Kala East, near S.B.I. Dighi Kala East, P.O. and P.S. Hajipur, District
     Vaishali at Hajipur, presently working as an Assistant Teacher, Upgraded
     Middle School, Chaksahawali, Anchal- Jandaha, District - Vaishali at
     Hajipur.
5.   Ramashankar Paswan son of Late Shivpujan Paswan, resident of Sita
     Chowk, Bagmali, Ward No.7, P.O. and P.S. Hajipur, District- Vaishali at
     Hajipur, presently working as an Assistant Teacher, Nationalized Upgraded
     Middle School, Dhengadih, Anchal- Lalganj, District - Vaishali at Hajipur.
6.   Vikash Kumar Sinha son of Late Kishor Narayan Sinha, resident of village
     and P.O. Chandpura, Near Jagdamba Asthan, P.S. Bidupur, District -Vaishali
     at Hajipur, presently working as an Assistant Teacher Nationalized Primary
     School, Jagdamba Asthan, Rustampur, Anchal- Raghopur, District - Vaishali
     at Hajipur.
7.   Vikram Kumar son of Late Ravindra Singh, resident of village and P.O.
     Rampur Dumra, Patna, presently working as an Assistant Teacher
     Nationalized Sunder Middle School, Chandpura, Anchal - Bidupur, District
     -Vaishali at Hajipur.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Additional Chief Secretary, Education Department, Government of
     Bihar, Patna.
3.   The Director, Primary Education Education Department, Government of
     Bihar, Patna.
4.   The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur
5.   The District Education Officer, Vaishali at Hajipur, District- Vaishali at
     Hajipur
6.   The District Programme Officer (Establishment), Vaishali at Hajipur,
     District - Vaishali at Hajipur
         Patna High Court CWJC No.6174 of 2026(2) dt.27-04-2026
                                                     2/4




                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Santosh Kumar
                 For the Respondent/s    :        Mr.Standing Counsel (8)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   27-04-2026                     Heard learned counsel for the petitioners and

                   learned counsel for the State.

                               2. The writ application has been filed for the

                   following reliefs:-

                                   (i) For directing the respondent authorities to
                                   grant matric trained teachers pay scale to the
                                   petitioners with effect from the date when the
                                   petitioners had completed their three years
                                   services from the respective date of their joining on
                                   the ground that the similarly situated teachers were
                                   granted matric trained teachers pay-scale with
                                   effect from the date when they had completed their
                                   three years of service from the date of their joining
                                   by the respondent authorities pursuant to the
                                   direction of this Court.
                                   (ii) To grant and pay consequential monetary
                                   benefits to the petitioners on account of grant of
                                   benefits of matric trained teachers pay scale to the
                                   petitioners from the respective date i.e. differences
                                   of salary, placement in the Gradation list, etc.
                                   (iii) For any other relief to which the petitioner is
                                   found entitled in the facts and circumstances of the
                                   case.


                               3. Learned counsel for the petitioners submits that the

                   case of the petitioners is duly covered by the judgment passed
Patna High Court CWJC No.6174 of 2026(2) dt.27-04-2026
                                            3/4




          by a coordinate Bench of this Court in Abdus Samad v. The

          State of Bihar & Ors. in CWJC No.7322 of 2017 dated

          11.0.2018. He further submits that the other cases of similarly

          situated teachers have been decided in terms of the Abdus

          Samad case by this Court in CWJC No.5092 of 2020.

                      4. It has next been submitted that the petitioners have

          filed the present writ petition for a direction to the respondents

          to grant matric trained scale to the petitioners from the date of

          completion of three years of their initial appointment on the post

          of Assistant Teacher.

                      5. At this stage, learned counsel for the State submits

          that in terms of Abdus Samad case, the petitioners may be

          directed to file a representation before the District Programme

          Officer (Establishment), Vaishali.

                      6. Having heard learned counsel for the parties and

          taking into consideration the submissions, the writ application is

          disposed of with liberty to the petitioners to approach the

          respondent        no.6/      The        District   Programme   Officer

          (Establishment), Vaishali by filing a representation within a

          period of four weeks, which shall be decided by respondent no.6

          within a period of four months from the date of receipt of the

          representation.
           Patna High Court CWJC No.6174 of 2026(2) dt.27-04-2026
                                                       4/4




                                 7. If it is found that the case of the petitioners is

                     covered by the Abdus Samad, then similar benefits shall be

                     granted to the petitioners.

                                 8. With the aforesaid observations and directions, the

                     writ application stands disposed of.



                                                                    (Ajit Kumar, J)
shikha/-

U


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