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Patna High Court

Shambhu Sharan PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners are directed to file a representation before the District Programme Officer within four weeks, and if their case is covered by Abdus Samad, they shall receive the matric trained benefits.

Summary

Petitioners Shambhu Sharan Prasad and Dinesh Ram, both assistant teachers, filed a writ petition seeking direction to grant them the matric trained pay scale after completing three years of regular service, alleging that the respondents failed to send them for in‑service training as mandated by a government circular. They relied on the earlier judgment in Abdus Samad v. State of Bihar (CWJC No.7322 of 2017) which granted similar benefits to teachers in comparable situations. The State argued that, per Abdus Samad, the petitioners must first file a representation before the District Programme Officer (Establishment), Vaishali. The Court held that the petitioners may approach the District Programme Officer by filing a representation within four weeks, and the officer must decide the matter within four months. If the petitioners’ case falls within the scope of Abdus Samad, they will be entitled to the same benefits. The writ petition was therefore disposed of with the liberty to file the representation, rather than an outright grant of the relief.

Issues considered

  • Whether the petitioners are entitled to the matric trained pay scale and related benefits after 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.
  • Whether the earlier judgments (Abdus Samad, CWJC No.5092 of 2020, CWJC No.14553 of 2023) are applicable to the present case.

Subjects

  • matric trained pay scale
  • in‑service teacher training
  • writ petition
  • representation
  • education department
  • laches
  • precedent
  • pay scale benefits

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.6949 of 2026
                 ======================================================
           1.     Shambhu Sharan Prasad Son of Late Baliram Bhakta, Resident of Village-
                  Tal Sehan, Police Station-Katahara, District- Vaishali. At present working as
                  Assistant Teacher, U.M.S Shahpur Bujurg, Patepur, Vaishali.
           2.    Dinesh Ram Son of Late Madan Mohan Ram. Resident of Village Tal
                 Shehan Police Station-Katahara, District- Vaishali. At present working as
                 Assistant Teacher in U.M.S Tal Sehan, Chehara Kalan, District- Vaishali.

                                                                              ... ... Petitioner/s
                                               Versus
           1.    The State of Bihar through the Additional Chief Secretary, Education
                 Department, Bihar, Patna.
           2.    The Director, Primary Education, Government of Bihar, Patna.
           3.    The District Education Officer, Vaishali at Hazipur.
           4.    The District Programme Officer (Establishment), Vaishali.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Pramod Kumar
                 For the Respondent/s   :       Mr. Mujtabaul Haque, Government Pleader (12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   05-05-2026                    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
                                  consider the grievance of the petitioners and grant
                                  the matric trained pay scale to him after
                                  completion of three years of regular service from
                                  the date of appointment or from 01/10/2003
                                  whichever is later with all consequential benefits
                                  for which they are legally entitled to as the
                                  respondents have not send the petitioners for in-
                                  service teachers training within two years of
                                  appointment in terms of Government Circular and
Patna High Court CWJC No.6949 of 2026(2) dt.05-05-2026
                                            2/3




                          due to laches on the part of the respondents, the
                          petitioner should not be compel to suffer as held by
                          this Hon’ble Court in CWJC No.7322 of 2017
                          disposed of on 11.04.2018 and CWJC No.14553 of
                          2023 disposed of on 20.04.2024. And case of the
                          petitioners is identical and fully covered by order
                          dated 11.04.2018 passed in CWJC No.7322 of
                          2017 affirmed by the Division Bench.
                          (ii) 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

          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 (supra) 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 (supra), the petitioners may be

          directed to file a representation before the District Programme
           Patna High Court CWJC No.6949 of 2026(2) dt.05-05-2026
                                                       3/3




                     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.4/      The        District     Programme       Officer

                     (Establishment), Vaishali by filing a representation within a

                     period of four weeks, which shall be decided by respondent no.4

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

                     representation.

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

                     covered by the Abdus Samad (supra), then similar benefits shall

                     be extended 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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