Patna High Court
Pramod Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner is entitled to the notional benefits of the trained pay scale from the date of completion of training and directed the respondents to consider his representation and issue a reasoned order accordingly.
Summary
The petitioner, a government school headmaster, sought mandamus directing the State of Bihar to grant him notional benefits of the trained pay scale from the date he completed an in‑service teachers training course in 2001, citing earlier High Court orders that mandated such benefits. The petition relied on letters issued by the Director of Primary Education and the District Programme Officer, which were issued in compliance with prior judgments (Kishor Kumar (2019) and Jitendra Kumar (2024)). The Court examined whether the State could lawfully deny the benefits due to its own procedural lapses and affirmed that earlier directives were binding. It held that the petitioner is entitled to the trained pay scale from the date of training completion and ordered the District Education Officer to consider the pending representation and pass a reasoned order within eight weeks, with any awarded benefits to be paid within four weeks thereafter. The writ petition was consequently disposed.
Issues considered
- Whether the petitioner is entitled to notional benefits of the trained pay scale from the date of completion of his teachers training as per earlier High Court orders.
- Whether the State can deny such benefits on the ground of its own procedural lapses.
- Whether the petitioner must file a fresh representation or the existing representation suffices for the Court's directive.
- Whether a writ of mandamus is appropriate to compel the respondents to implement the benefit.
Subjects
- trained pay scale
- notional benefits
- mandamus
- seniority
- government employees
- education department
- implementation of court orders
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.976 of 2026
======================================================
Pramod Kumar Roy Son of Late Pitambar Roy, Resident of Village- Kathuar,
Hati, Police Station- Nauhatta, District- Saharsa. At present posted and
working as Headmaster in Govt. Upgraded Kanya Middle School Barahi,
Block- Nauhatta, District- Saharsa.
... ... 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
Department, Govt. of Bihar, Patna.
3. The Additional Chief Secretary-cum-the Principal Secretary, Finance
Department, Govt. of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The Regional Deputy Director of Education, Koshi Division, Saharsa.
6. The District Education Officer, Saharsa.
7. The District Programme Officer (Establishment), Saharsa.
8. The District Accounts Officer, Saharsa.
9. The District Treasury Officer, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Government Pleader (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL JUDGMENT
Date : 22-01-2026
Heard learned counsels for the respective parties.
2. In the instant petition, petitioners have prayed
for the following relief(s):-
(I) For issuance of an appropriate writ in the
nature of mandamus for commanding and directing
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the respondent authorities concerned to provide the
benefits to the petitioner in the light of letter no.
571 dated 13.06.2023 issued under the signature of
the Director, Primary Education, Education
Department, Govt. of Bihar, Patna, in compliance
of the order passed by this Hon'ble High Court on
09.08.2019 in CWJC No. 16165 of 2019 (Kishor
Kumar and Others vs. the State of Bihar and
Others) as also in the light of memo no. 383 dated
03.04.2025 issued by the District Programme
Officer (Establishment), Gaya in compliance of the
order dated 14.11.2024 passed by this Hon'ble
High Court in CWJC No. 7006/2024 (Jitendra
Kumar and Others vs. the State of Bihar and
Others) 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 since 01.10.2003
and since the petitioner had been sent for one year
in-service teachers training course for the session
2000-2001 and after completion of training, he was
relieved to join his duties in his respective school
06.09.2001 and in the light of the aforesaid letters,
the petitioner is entitled for grant of notional
benefits from the date of relieving from teachers
training, the date on which, he was relieved to join
his respective school after completion of
trainingand due to not providing the notional
benefit from the date of his entitlement, the
petitioner is at loss of seniority etc.
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(II) For issuance of an appropriate writ in
the nature of mandamus for commanding and
directing the respondent authorities concerned to
consider the case of the petitioner in the light of the
aforesaid letter no. 571 dated 13.06.2023 issued
under the signature of the Director, Primary
Education, Education Department, Govt. of Bihar,
Patna as also the memo no. 383 dated 03.04.2025
issued by the District Programme Officer
(Establishment), Gaya, which have been issued in
compliance of the judicial orders passed by this
Hon'ble High Court, and 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 petitioner for in-service
teachers training course and taking examination
belatedly in which the petitioner successfully
passed.
(III) For issuance of an appropriate writ in
the nature of mandamus as an alternative prayer of
the petitioner for directing the respondent
authorities concerned to dispose of the
representation of the petitioner dated 16.12.2025
addressed to the District Education Officer,
Saharsa and the District Programme Officer
(Establishment), Saharsa by reasoned and
speaking order by ventilating the genuine
grievance of the petitioner for providing the
notional benefits from the date of relieving after
successful completion of teachers training and
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monetary benefits since 01.10.2003.
(IV) For issuance of any other appropriate
writ/writs, order/orders, direction/directions for
which the writ petitioners will be found entitled in
the facts and circumstances of the case.
3. At the outset, the learned counsel for the
petitioners submits that the petitioner having requisite
qualification, was appointed as Assistant Teacher through Bihar
Staff Selection Commission in the year 1999 and he joined the
respective school, as per the direction in the year 2000.
Thereafter, he was sent for in-service teachers training course
for the session 2000-2001 along with others and after successful
completion of teachers training, they were relived for joining in
their respective schools on different dates in the year 2001.
Despite having obtained requisites training, the pay-scale as is
applicable for primary trained teachers has not been allowed.
4. Counsel for the petitioners next submits that this
issue has been put at rest by an order passed by Co-ordinate
Bench, which has attained finality at the level of Hon’ble Apex
Court, and is appended with writ petition as Annexure-P/5, vide
order dated 09.08.2019 passed in CWJC No. 16165 of 2019
(Kishor Kumar & Ors. Vs. State of Bihar & Ors.).
5. It has next been submitted that after passing of
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the said order various writ petitions were entertained by this
Hon’ble Court in CWJC No. 7006 of 2024 dated 14.11.2024,
and also similar writ petitions were adjudicated by the Co-
ordinate Bench vide order dated 01.02.2021 passed in CWJC
No. 7938 of 2020 (Manoj Kumar & Ors. Vs. State of Bihar &
Ors.). The extract of the relevant observation made in Para 9 to
13 are being referred as under:-
“9. From the facts noted above, it is
evident that in similar circumstance some
Panchayat teachers had approached this Court
with a claim that they are entitled for grade pay
with effect from completion of their training and
not with effect from the date of publication of
result of the training, as they were not responsible
for the delay in publication of result. This Court
in case of Kishor Kumar and Others (supra) had
directed the Director Primary Education,
Government of Bihar, Patna to consider the case
of the petitioner and ".........grant the benefits
from the date of completion of training to the
petitioners as lapses on the part of the
respondents cannot be a ground to deny the
benefit of trained pay scale.......". In
implementation of the said order the respondents
could not have deviated to deny actual benefits of
grant of grade pay from the date of completion of
their training, as the direction is specific in
nature to the effect that lapses on the part of the
respondents could not be a ground to deny the
benefits of trained pay scale. Granting notional
scale only with effect from the date of of
completion of training, in my opinion amounts to
defying this Court's direction as actual payment
of trained pay scale is a benefit of grant of
trained pay scale, which cannot be denied in the
light of this Court's order in case of Kishor
Kumar and Others (supra).
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10. This writ application is accordingly
allowed.
11. The impugned orders dated 06.01.2020
issued by the District Programme Officer
(Establishment) Bhagalpur and the order dated
22.06.2020 passed by the Director Primary
Education, Governinent of Bihar, Patna are
hereby quashed.
12. The respondents are directed to ensure
that the petitioners are paid pay scale/grade pay
which they are entitled to from the date of
completion of training i.e. May, 2017. The
arrears of salary shall be calculated accordingly
and paid to them within a period of three months
from the date of receipt/production of a copy of
this order.
13. The Court was contemplating
imposition of cost noticing palpably arbitrary
action of the State respondents which generated
unnecessary litigation. Instead of imposing cost it
has been considered apt to issue a note of caution
for the Respondents to be fair and reasonable in
future in such matters, particularly when the
matters relate to implementation of Court's
orders. It is, however, directed in the facts and
circumstances that let the respondents ensure that
their actions may not generate unnecessary
further litigation and this Court's orders are
uniformly applied in respect of similarly situated
employees, as is expected of a model employer.”
6. It has further been submitted that the orders
passed by the Writ Court in CWJC No. 7938 of 2020 dated
01.02.2021 was challenged by the State Government vide LPA
No. 456 of 2021 dated 03.04.2025 and the Hon’ble Division
Bench had dismissed the appeal of the State by making the
following observation in Para 6, which is being re-produced as
under:-
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“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 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.
7. Accordingly, LPA No. 456 of 2021 stands
dismissed. Pending I.A., if any, stands
dismissed.”
7. The counsel for the petitioner by taking this
Court to the judgments, rendered by the Co-ordinate Bench and
as also the same having been affirmed by the Hon’ble Division
Bench, submits that the appropriate representations were filed
before the Respondent Nos. 5 to 7, which is still pending.
8. From perusal of the order passed by the Co-
ordinate Bench as also the Hon’ble Division Bench, wherein the
authorities have been directed to take a final decision in terms of
the order passed in C.W.J.C. No.16165 of 2019 (Kishor Kumar
supra) it is required that the District Education Officer, Saharsa,
shall pass an order after considering the claim of the petitioner
strictly in terms of the order passed in the case of Kishor
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Kumar (supra).
9. The counsel for the State does not dispute legal
position rather it has been submitted that the petitioner may be
directed to file a fresh representation appending all such
necessary details for adjudication of this claim along with the
copy of the order, in terms of the judgment rendered by this
Court, which has attained finality.
10. The counsel for the petitioner points out that in
similarly situated case, the authority has complied the direction
and order to that effect has already been brought on record,
which is appended as Annexure-P/11 to the writ petition and the
said order has been passed by District Education Officer,
Vaishali adjudicating the claim, and accordingly, this matter
needs to be considered by the respondents in the light of
judgment rendered by this Court, which has attained finality, as
also the similar benefits has been extended by the authorities of
different districts.
11. Considering the above, this Court directs that
fresh representation with all supportive materials shall be filed
before the District Education Officer, Saharsa, referring the
details of earlier representation appended with the writ petition,
which shall be considered and appropriate reasoned order be
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passed in terms of the judgment rendered by this Court within a
period of eight weeks from the date of representation along with
copy of the order and supportive materials. If the claim of the
petitioners are found to be justified in law, then benefits shall
also be extended in their favour within a further period of four
weeks.
12. Accordingly, the instant writ petition stands
disposed of.
(Ajit Kumar, J)
sharun/-
AFR/NAFR NAFR
CAV DATE
Uploading Date 31.01.2026
Transmission Date
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