IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.484 of 2026 ======================================================

Munilal Ram S/o Late Raj Baran Ram, Resident of Village- Chandrabhanpur, Post.-Panapur, PS- Karagahar, Dist- Rohtas.

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, H.R.D., Govt. of Bihar.

3. The Director (Primary Education) H.R.D., Govt. of Bihar.

4. The District Magistrate, Kaimur.

5. The District Education Officer, Kaimur.

6. The District Program Officer (Establishment), Dist Kaimur.

7. The Block Education Officer, Bhagwanpur, Dist Kaimur.

8. The Headmaster Upgraded Middle School Pahariya, Block Bhagwanpur, Dist Kaimur.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Bijay Shankar Choubey, Adv.

For the Respondent/s : Mr. K P Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 19-01-2026 Heard the parties.

2. The petitioner has preferred the present writ petition seeking a direction upon the respondents to ensure payment of arrears of salary for the period February, 2012 to February, 2024, during which the petitioner has not been allowed to perform his duty on the post of Assistant Teacher, without any justifiable reason.

3. Learned Advocate for the petitioner submitted that despite the petitioner having been duly appointed after following due procedure of selection on the post of Regular Assistant Teachers (trained) 34540 grade, on the direction of the Hon’ble Apex Court in the pay scale of Rs. 4,200/- Band P-2 Grade, the services of the petitioner has been dispensed with, on account of his teacher’s training certificate having been found not recognized by the State Government.

4. The petitioner in the aforesaid premise preferred CWJC No. 20429 of 2019, assailing the order of termination, the writ petition came to be disposed off in terms with the order passed in LPA No. 1254 of 2016 and other analogous matters bearing LPA No. 1309 of 2017 and LPA No. 1310 of 2017.

5. In pursuant to the order of the learned Division Bench, now the petitioner along with other identically situated persons have been reinstated in their services, but they have not been allowed the salary for the period, during which, they have been deprived from discharging their duty; irrespective of their appointment having been declared valid and they were wrongly restrained to discharge duties on their respective parts. 6. Identical issue has also come up for consideration before this Court in CWJC No. 318 of 2026, which came to be disposed off on 12.01.2026 with a direction to the concerned authorities to consider the claim of the petitioner for grant of salary and other monetary benefits, in case other similarly situated persons have been allowed similar benefits for the period during which they have also not been allowed to discharge the duty, on account of illegal termination order.

7. Learned Advocate for the State though prays for a short adjournment to seek instruction and file counter affidavit, however, he did not dispute with respect to the order passed by a co-ordinate Bench of this Court in CWJC No. 318 of 2026.

8. In view of the aforenoted submissions and the order passed by this Court, referred hereinabove, instead of keeping the matter pending, this Court deems it fit and proper to dispose off the writ petition with a direction to the respondent no. 5 to consider the claim of the petitioner for arrears of salary for the month of February, 2012 to February, 2024; in terms with the order dated 12.01.2026 passed by this Court in CWJC No. 318 of 2026 and if the claim of the petitioner is found identical to those, who have been allowed identical benefit, as has been prayed for in the writ petition, the similar benefits must be accorded to the petitioner. The entire exercise must be completed preferably within a period of ten we