IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1986 of 2026 ======================================================

1. Deodutta Prasad Sah Son of Late Saryug Prasad Sah, Resident of Village-

Pipra, Post Office- Pipra, Police Station- Banmankhi, District- Purnia, presently posted as Assistant Teacher, Middle School, Dhodhai Pipra (Banmankhi), Police Station- Purnea, District- Purnea.

2. Ashok Kumar Bharti, Son of Late Ram Narayan Yadav, Resident of Village-

Kuthari, Police Station- Banmankhi, District- Purnea. Presently posted as Assistant teacher as Middle School, Mohania Chakla, Anchal- Banmankhi, Police Station- Banmankhi, District- Purnea.

3. Sant Prasad Sah, Son of Late Satyadeo Sah, Resident of Village- Belabadan, Post Office- Pipra, Police Station- Banmankhi, District- Purnea. Presently posted as Assistant teacher at Primary School, Belabadan, Anchal-

Banmankhi, Police Station- Banmankhi, District- Purnea.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The District Magistrate, Purnea.

4. The District Education Officer, Purnea.

5. The District Programme Officer (Establishment), Purnea.

6. The District Account Officer, Purnea.

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

Appearance :

For the Petitioner/s : Mr. Bijay Kumar Pandey For the Respondent/s : AC to SC-21 ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 09-02-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia the following relief(s), which is reproduced hereinafter:-

"(i) For issuance of an appropriate writ/writs in the nature of mandamus commanding and directing the Respondents to provide the petitioner, the benefit of Matric trained pay scale of Rs. 1200-2040 (is replacement scale of Rs. 4500- 7000 in place of 3050-4590) from the date of his initial appointment in pursuance of Finance Department Resolution No. 3/PAR 01.03/89 6022 F(2) dated 18.12.1989 and provide the benefit of order dated 31.03.2021 passed in C.W.J.C. No. 6139 of 2007 in identical case affirmed by Hon'ble Division Bench of this Hon'ble High Curt by order dated 16.08.2017 passed by this Hon'ble Court in L..P.A. No. 756 of 2015 affirmed by the Hon'ble Supreme Court in S.L.P. (Civil) Diary No. 28313 of 2018 dated 27.08.2018 in term of Clause-4(C) of the State Litigation Policy.

(ii) Further the Respondents be directed to give senior scale of 9300-34,800 Grade pay 4600 of Matric trained senior scale to the petitioner as the petitioner having higher qualification at the time of his initial appointment and he has completed 12 years of service.

(ii) Any other reliefs may be granted which would be just, proper and equitable in the opinion of this Hon'ble Court."

3. Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the order passed by the Coordinate Bench of this Court in the case of Mukesh Nandan Madhukar vs. State of Bihar & Ors. (CWJC No. 2287 of 2025). The relevant portion of the said judgment is extracted hereinbelow:—

“...3. Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed in LPA No. 756 of 2015 arising out of C.W.J.C. No. 6139 of 2007 dated

16.08.2017. Hence, the petitioners are entitled to the similar relief, as per the State Litigation Policy under Clause 4(c)(1), which reads as follows:-

"4.C Covered Matters: 4.C (1).

A good number of cases are from the category of similar cases. Each Government Department will aim to consider and settle the claim of the representationist/applicant-

employee/citizen, if the claim is found covered by any decision of the Court. Many service matters of this nature, can be disposed of at the level of the D