Patna High Court
Dhirendra Kumar GargversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The writ petition is disposed of as the matters have already been adjudicated, and the petitioners are directed to file individual representations for any relief.
Summary
The petitioners, three teachers, completed an in‑service training course for the 2000‑2001 session but their final examination was delayed until 2004 due to the State's laches. They sought notional benefits of the trained pay scale from the date of relief (31‑05‑2001) based on a 2023 letter from the Director of Primary Education and on earlier judgments (Kishor Kumar 2019 and Manoj Kumar 2020). The State had appealed those judgments, but the Division Bench affirmed them and the Supreme Court dismissed the State’s Special Leave Petition. The High Court observed that the issues were already settled, directed the petitioners to file individual representations before the District Education Officer, and disposed of the writ petition without granting further relief.
Issues considered
- Whether the petitioners are entitled to notional benefits of the trained pay scale from the date of completion of their in‑service training.
- Whether the prior judgments (Kishor Kumar 2019; Manoj Kumar 2020) bind the respondents to grant such benefits despite the delay.
Subjects
- notional benefits
- trained pay scale
- teachers' service
- writ petition
- seniority
- laches
- education department
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6897 of 2026
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1. Dhirendra Kumar Garg Son of Markandey Dubey, Permanent Resident of
Village and Post- Jaitpur, Daudpur, District- Saran (Chapra presently posted
at Middle School Maunadal Dali, Loke Road, Chapra Nagar, Saran.
2. Manoj Kumar Tiwary, Son of Tarachand Tiwary, Resident of Village Devdia,
Post- Parsagarh, P.S.-Ekma, District- Saran, presently posted at Upgraded
Middle School, Devdia West Tola, Ekma, Saran.
3. Sanjay Kumar Ram, Son of Madan Ram, Resident of Village- Chamarhiya,
P.S.- Daudpur, District- Saran (Bihar), presently posted at Upgraded Middle
School Khadarhiya Manjhi, Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary -cum- the Principal Secretary, Education De-
partment, Govt. of Bihar, Patna.
3. The Additional Chief Secretary -cum- the Principal Secretary, Finance De-
partment, Govt. of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The Regional Deputy Director of Education, Saran Division, Chapra.
6. The District Education Officer, Saran.
7. The District Programme Officer (Establishment), Saran.
8. The District Accounts Officer, Saran.
9. The District Treasury Officer, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Raj
For the Respondent/s : Mr. Kumar Manglam, AC to SC-24)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 05-05-2026 The instant writ petition has been filed for the
following relief:
(i) For directing the respondent authorities
concerned to provide the benefits in light of letter
no.571 dated 13.06.2023 issued under the signature
of the Director, Primary Education, Education
Patna High Court CWJC No.6897 of 2026(2) dt.05-05-2026
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Department, Government of Bihar, Patna, by which,
direction has been given for providing the notional
benefits of trained pay scale from the date of relieving
after completion of training and monetary benefits
from the date of publication of result of teachers
training and since the petitioners had been sent for
one year in-service teachers training course for the
session 2000-2001 and after completion of training,
they were relieved to join their respective schools on
31.05.2001 and in the light of the aforesaid letters,
the petitioners are entitled for grant of notional
benefits since 31.05.2001, the date on which, they
were relieved to join their respective schools after
completition of training and due to not providing the
notional benefit from the date of their entitlement, the
petitioners are at loss of seniority, etc.
(ii) Further, for issuance of a writ in the nature of
Mandamus for commanding and directing the
respondent authorities concerned to consider the case
of the petitioners in the light of the aforesaid letter
no.571 dated 13.06.2023 issued under the signature
of the Director, Primary Education, Education
Department, Government of Bihar, Patna and to
provide the notional benefits from the date of
completion of training, as there is laches on the part
of the respondent/ State for not sending the petitioners
for in-service teachers training course and taking
examination belatedly in which all the petitioners
successfully passed.
(iii) for directing the respondent authorities
Patna High Court CWJC No.6897 of 2026(2) dt.05-05-2026
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concerned to dispose of the representations of the
petitioners dated 22.05.2025 addressed to the District
Education Officer, Saran by ventilating the genuine
grievance of the petitioners for providing the notional
benefits from the date of relieving after successful
completion of teachers training.
(iv) For any other order(s) for which the petitioners
will be found entitled in the facts and circumstances
of the case.
2. Counsel for the petitioners submits that the
petitioners have completed their in-service teachers training
course for the Sessions 2000-2001 and the final examination of
the said Sessions were conducted in the year 2004 due to laches
on the part of the respondent State authorities and there was no
lapses on the part of the petitioners and, therefore, they are
entitled to grant of such benefits of grade pay of trained teachers
in the light of the judgment rendered by the Co-ordinate Bench
of this Court in the case of Kishor Kumar and others Vs. The
State of Bihar & Ors. (CWJC No. 16165 of 2019) from the
date of completion of their in-service teachers training courses.
3. It is next submitted that the issues have already
been put at rest relying upon the judgment passed by the Co-
ordinate Bench rendered in the case of Kishor Kumar (supra), a
detailed order has been passed in the case of Manoj Kumar &
Patna High Court CWJC No.6897 of 2026(2) dt.05-05-2026
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Ors. Vs. State of Bihar & Ors. (CWJC No. 7938 of 2020), which
squirely covers the case of these petitioners.
4. It is next submitted that against the order passed by
the Co-ordinate Bench, the State authorities have preferred
appeal before the Hon’ble Division Bench by filing LPA No.
456 of 2021 (The State of Bihar & Ors. Vs. Manoj Kumar &
Ors.) and the Hon’ble Division Bench has affirmed the order
passed by the Co-ordinate Bench of this Court, which is being
reproduced herein below:-
“-----5. It is to be noted that appellants-
State have not preferred LPA in Kishor Kumar and
Others (supra) case. On the other hand, they have
not taken note of specific words in the Kishor
Kumar and Others (supra) to the following extent:-
"The respondents have to take decision
granting benefit of trained scale to the petitioners
with effect from the date of completion of their
training i.e., May, 2017. Necessary decision in this
regard with all consequential monetary benefits
must be taken by the Director, Secondary Education
within a period of sixty days from date of
receipt/production of a copy of this order".
Underline Supplied
6. In this backdrop, appellants cannot take
decision of notional benefits when the order is very
specific to the extent that necessary decision in this
regard with all consequential monetary benefits
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must be taken by the Director. The same decision
has been passed in number of cases including the
present case. The appellants have taken their own
time to publish the result with reference to
completion of training course in the month of May,
2017. For no fault on the part of the respondents,
denial of certain service and monetary benefits on
behalf of the appellants would be arbitrary,
therefore, the appellants have not made out a case
so as to interfere with the impugned order of the
learned Single dated 01.02.2021 passed in passed in
CWJC No. 7938 of 2020.”
5. Lastly, it is submitted that against the order passed
by the Hon’ble Division Bench in LPA No. 456 of 2021 in the
case of Manoj Kumar (supra), the State authorities have moved
before the Hon’ble Apex Court by filing Special Leave Petition
(Civil) Diary No(s) 66035 of 2025 and the Hon’ble Apex Court
has also declined to interfere with the impugned order.
Accordingly, the Special Leave Petition preferred by the State
got dismissed.
6. On the other hand, counsel for the State submits
that since the issues have already been adjudicated and put at
rest, therefore, all the petitioners may be directed to file
individual representation, giving their service profile with all
supportive materials before the concerned District Education
Patna High Court CWJC No.6897 of 2026(2) dt.05-05-2026
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Officer, within a period of six weeks from today and, on filing
of such representation with all supportive materials and the
judgments referred herein above, it is expected that the
concerned District Education Officer shall consider the
grievances of the petitioners and on finding their claim to be
justified in law and as also in consonance with the parameters
fixed by the Hon’ble Courts in the judgment rendered in the
case of Manoj Kumar (supra), necessary order shall be passed
within a further period of eight weeks and if the petitioners are
found entitled to such benefits, the same shall also be extended
to them within the same period, as stated above.
7. With the aforementioned observations and
directions, the writ petition stands disposed of.
(Ajit Kumar, J)
shikha/-
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