Patna High Court
Shambhu Sharan PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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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