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2025 Supreme(Online)(Pat) 1896

PATNA HIGH COURT
Harish Kumar, J
Shiv Kumar Chaudhary – Appellant
Versus
The State of Bihar through the Chief Secretary, Govt. of Bihar – Respondent
Civil Writ Jurisdiction Case No.10565 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Umesh Kumar Mishra
For the Respondents: Mr. Sitaram Yadav, GP- 16, Mr. Yatindra Narayan, AC to GP-16

Court directed respondent authorities to ensure benefit provision compliant with prior rulings under Bihar Litigation Policy.

Headnote:The court analyzed the applicability of the Bihar State Litigation Policy, 2011, in directing the respondent authorities to provide notional benefits to petitioners. The petitioners claimed benefits for trained pay scale after completing their training, asserting rights based on previous decisions. The court reaffirmed entitlement established in earlier rulings. The main issue involved the timely execution of the policy benefits for the petitioners. The court determined the petitioners are entitled to the benefits, directing the authorities to act on their representations.

Result: This writ petition stands disposed of.

Table of Content
1. petitioners seek judicial relief for entitlements (Para 1 , 2)
2. court addresses prior rulings on similar claims (Para 3 , 4)
3. authority's obligation under litigation policy (Para 6)
4. final ruling on petition merits and action directive (Para 7)

ORAL JUDGMENT

Date : 02-12-2025 Heard the parties.

2. The petitioners have approached this Court for the following reliefs :-

“I. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to provide the benefits 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 petitioners at the relevant point of time were discharging their duties as Headmasters in the district of Gaya and after their selection/appointment have been discharging their duties as Lecturer in College of Teacher Education, Gaya and Assistant Treasury Officer, Purnia respectively are also entitled for the benefits in the light of the aforesaid orders passed by the Hon’ble High Court as while they were discharging their duties as Teachers were 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 different dates in the year 2001 and in the light of the aforesaid letters, the petitioners are entitled for grant of notional benefits from the date of relieving from teachers training, as well as differences of arrears of salary.

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 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, 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 petitioners for in-service teachers training course and taking examination belatedly in which both the petitioners have passed and since the petitioners at the relevant point of time were discharging their duties as Headmasters in the district of Gaya and after their selection / appointment have been discharging their duties as Lecturer in College of Teacher Education, Gaya and Assistant Treasury Officer, Purnia respectively are also entitled for the benefits in the light of the aforesaid orders passed by the Hon’ble High Court.

III. For issuance of an appropriate writ in the nature of mandamus as an alternative prayer of the petitioners for directing the respondent authorities concerned to dispose of the representations of the petitioners dated 07.05.2025 addressed to the District Education Officer, Gaya and the District Programme Officer (Establishment), Gaya by reasoned and speaking order 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 issuance of any other appro

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