Eligibility for notional benefits of trained pay scale contingent on adherence to departmental rules and previous judicial orders.

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 18-12-2025 Heard learned counsel for the petitioners and learned counsel appearing for respondents-State.

2. In the present writ application the petitioner has prayed for the grant of following reliefs:

“(i) For issuance of an appropriate writ in the nature of certiorari for quashing the letter no. 4715 dated 17.10.2025 issued by the District Education Officer Banka and District Program Officer(Establishment) Banka addressed to petitioners and other applicants in CWJC No. 10316 of 2025, by which, claim of the petitioners got rejected on the ground that no departmental rule has been promulgated and existing that authorizes granting the Matric Trained Pay Scale to regular teachers from the date of completion of their training. Furthermore, all the Petitioners who also earlier approached this Hon'ble Court vide Writ Petition No. 10316/2025 (Abhimanyu Kumar and Ors vs. The State of Bihar and Ors), have already been granted approval for the Matric Trained Pay Scale with effect from 01.10.2003, in accordance with the established departmental rules. Since no departmental provision exists for granting the said pay scale from the date of completion of in-service training, their claim stands invalid and the matter is accordingly finalized in accordance with the departmental rules and instructions, without considering the facts that in compliance of the order passed by this Hon'ble High Court in CWJC No. 16165/2019 (Kishor Kumar and Others vs. the State of Bihar and Others), in CWJC No. 7006/2024 (Jitendra Kumar and Others vs. the State of Bihar and Others) as also in the light of the order passed in CWJC No. 7938 of 2020 (Manoj Kumar and Others vs. the State of Bihar and Others) and subsequent order passed by this Hon'ble High Court in LPA No. 456/2021 (the State of Bihar and Others vs. Manoj Kumar and Others), similarly situated teachers have already been extended the benefits i.e. notional benefits of trained pay scale from the date of relieving after completion of training and monetary benefits since 01.10.2003.

(ii) 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 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 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. the date on which, they were relieved to join their respective schools after completion of training and due to not providing the notional benefit from the date of their entitlement, the petitioners are at loss of seniority etc. 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) F