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2026 Supreme(Online)(Pat) 13107
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3067 of 2026
1. Bimal Kumar Sah S/o Kameshwar Prasad Sah, R/o Village and P.O. - Birpur, P.S. Jurawanpur, District - Vaishali, at present working as Exclusive Teacher at UMS Dilawarpur Govardhan, Block Bidupur, District - Vaishali.
2. Rajneesh Prasad Yadav, S/o Pramod Kumar Ray, R/o Village and P.O. Jawaj, P.S. Manhar, District-Vaishali, at present working as Exclusive Teacher at UMS Hirpur Kanya, Block Jandaha, District - Vaishali.
3. Sudarshan Jha Suman, S/o Mithilesh Jha, R/o Village and At-Badi Yusufpur, Jagdamba Sthan, P.S. - Hajipur, District Vaishali, at present working as Head Teacher at GPS Bilandpur Dhandhua, Block - Jandaha, District - Vaishali.
4. Sunil Kumar Singh, S/o Satendra Singh, R/o Village and P.O. -Chaksikandar, P.S. Bidupur, District Vaishali, at present working as Exclusive Teacher at UMS Maheshwarpur, Block Bidpur, District - Vaishali.
5. Ruchi Kumari, W/o Umesh Kumar, R/o Village and P.O.-Narayanpur Dedhapura, P.S. - Mahnar, District - Vaishali, at present working as Exclusive Teacher at GPS Bharho, Block -Mahnar, District - Vaishali.
6. Sateesh Kumar, S/o Ramchandra Singh, R/o Village and P.O. Basantpur, P.S.Jandaha, District Vaishali, at present working as Head Teacher at GPS Jalalpur West, Block - Jandaha, District - Vaishali.
7. Surbhi Morya, D/o Raj Kumar Singh, R/o Village and P.O. Basantpur, P.S.Jandaha, District - Vaishali, at present working as Head Teacher at N.P.S Hasanpur Buzurg East, Block Jandaha, District Vaishali.
8. Manish Kumar, S/o Jagdip Singh, R/o Village - Kaddutar, P.O. Laxmanpur, P.S. -Jandaha, District Vaishali, at present working as Exclusive Teacher at N.P.S. Bedualiya Ghat, Block Jandaha, District - Vaishali.
9. Vikash Kumar, S/o Dhirendra Prasad Singh, R/o Village and P.O. Mirza Nagar, P.S. Mahua, District Vaishali, at present working as Exclusive Teacher at UMS Mukundpur, Block Jandaha, District - Vaishali.
10. Barun Kumar, S/o Harendra Singh, R/o Village and P.O.-Basantpur, P.S.-Jandaha, District Vaishali, at present working as Exclusive Teacher at GPS Bhanborha Besaho, Block -Jandaha, District - Vaishali.
11. Guddu Kumar Singh, S/o Sarvesh Singh, R/o Village and P.O.-Basantpur, P.S.-Jandaha, District - Vaishali, at present working as Head Teacher at N.P.S. Basantpur Harijan Tola, Block Jandaha, District - Vaishali.
12. Babban Kumar Singh, S/o Satyendra Narayan Singh, R/o Village and P.O.Kadilpur, P.S.Jandaha, District - Vaishali, at present working as Exclusive Teacher at GPS Jalalpur East, Block Jandaha, District - Vaishali.
13. Sarita Kumari, W/o Sunil Kumar, R/o Village and P.O.-Sahdulahpur, P.S.Ganga Bridge Hajipur, District - Vaishali, at present working as Exclusive Teacher at PM Shri Government Uchh Madhyamik Vidyalay Chakgulamuddin, Block - Patedhi Belsar, District - Vaishali.
14. Rajesh Kumar Paswan, S/o Devendra Paswan, R/o Village Etwarpur Pakri, P.O. -Manikpur Pakri, P.S. Lalganj, District Vaishali, at present working as Exclusive Teacher at Govt. Adarsh M.S. Paura, Block - Lalganj, District - Vaishali.
15. Madhuranjan, S/o Ashok Kumar Singh, R/o Village and P.O. - Birpur, P.S. -Jurawanpur, District - Vaishali, at present working as Head Teacher at NPS Raghopur West Rajputana, Block -Raghopur, District - Vaishali.
16. Lakhendra Kumar, S/o Devendra Bhakta, R/o Village and P.O.-Sehan, P.S.-Kathara, District - Vaishali, at present working as Head Teacher at GPS Khorampur Chehrakala, Block Chehrakala, District Vaishali.
17. Amit Anand, S/o Shashi Bhushan Singh, R/o Village At Malti Sadan, Ward No 22, H.N.-1006, P.S. Town Thana, Hajipur, District Vaishali, at present working as TGT Science Teacher at PM Shri Kendriya Vidyalaya, BSF Gandhinagar, Block Cooch Bihar - II, District - Cooch Bihar (West Bangal).
18. Aradhana Kumari, W/o Shailesh Kumar Sunny, R/o Village Akilabad, P.O.Gadai Sarai, P.S. Hajipur Sadar, District - Vaishali, at present working as Exclusive Teacher at UMS Pakadi Nayatola Bidupur, Block - Bidupur, District - Vaishali.
19. Sanjay Kumar, S/o Ram Bilas Singh, R/o At - Mohinikunj Kumhrar Gumti, P.O. -Mahendru, P.S. Bahadurpur, District Patna, at present working as Exclusive Teacher at UMS Purushottampur No-1 Raghopur, Block Raghopur, District Vaishali.
20. Bharat Kumar Sharma, S/o Nandkishor Sharma, R/o At - Er. 107, Janta Flat, P.O. -Bh Colony, P.S. - Agam Kuan, District - Patna, at present working as Head Teacher at NPS Ramganj Punpun, Block - Punpun, District - Patna.
21. Kusum Lata, W/o Karan Kumar, R/o Village-Gudary Bazar, P.O. - Hajipur Pokhara Mohalla, P.S. - Town Thana, District - Vaishali, at present working as Exclusive Teacher at GMS Balatand Bidupur, Block - Bidupur, District -Vaishali.
22. Khurshid Alam, S/o Md. Ilyash, R/o Village and P.O. Bidupur Bazar, P.S.Bidupur, District - Vaishali, at present working as Niyojit Teacher at UMS Dowar Kothi Raja Pakar, Block - Raja Pakar, District - Vaishali.
23. Ramesh Kumar, S/o Bhola Singh, R/o Village and P.O.-Senduari, P.S.Hajipur, District Vaishali, at present working as Exclusive Teacher at NPS Baikunthpur Tola Gangajal, Block - Raja Pakar, District - Vaishali.
24. Gaurav Kumar, S/o Upendra Mishra, R/o Village - Loma, P.O.-Rajapakar, P.S. - Baranti, District - Vaishali, at present working as School Teacher at GMS Rajepur Berai, Block Raja Pakar, District - Vaishali.
25. Ram Dular Kumar, S/o Dorik Mahto, R/o Village Bahorchak, P.O. -Chakhamid, P.S. Bakhri, District Begusarai, at present working as Exclusive Teacher at UMS Ismailpur Bidupur, Block - Bidupur, District - Vaishali.
26. Anil Kumar, S/o Ram Surat Ray, R/o Village and P.O. Kalyanpur, P.S.Bidupur, District - Vaishali, at present working as Niyojit Teacher at UMS Khajwatti Bidupur, Block Bidupur, District Vaishali.
27. Asha Kumari, W/o Pramod Kumar, R/o Village and P.O. Sahduliahpur, P.S.Ganga Bridge Hajipur, District Vaishali, at present working as Exclusive Teacher at UMS Jhamman Ganj Jandaha, Block - Jandaha, District -Vaishali.
28. Mamta Kumari, D/o Padam Kant Prasad, R/o Village - Mohabbatpur, P.O. Hajipur, P.S. Ganga Bridge Hajipur, District - Vaishali, at present working as Head Teacher at GPS Mansingh URD Rajapakar, Block - Rajapakar, District - Vaishali.
29. Sunil Kumar, S/o Rambabu Prasad, R/o Village-Kusiyari, P.O. Lakhani, P.S.-Bidupur, District Vaishali, at present working as Exclusive Teacher at NPS Gola Ghat Madhurapur, Block Bidupur, District - Vaishali.
30. Prabhu Nath Ray, S/o Banaras Ray, R/o Village - Amer, P.O. - Bidupur Bazar, P.S. - Bidupur, District - Vaishali, at present working as Exclusive Teacher at GPS Karmopur Nayatola, Block Bidupur, District - Vaishali.
31. Md Imteyaz, S/o Md Younus, R/o Village and P.O. Dih Buchauli, P.S.Jandaha, District Vaishali, at present working as Exclusive Teacher at NPS P.H.C. Mahisaur, Block Jandaha, District - Vaishali.
32. Vinay Kumar, S/o Sudishta Narayan Singh, R/o Village - Mohjamma, Ward No - 15, P.O. Laxmipur, P.S. Mahua, District Vaishali, at present working as Exclusive Teacher at UMS Nasratpur, Block - Jandaha, District - Vaishali.
33. Shajid Ahmad Khan, S/o Shakil Ahmad Khan, R/o At-Bauli Pandriva Masjid Chowk, Hajipur, P.S. Hajipur, District Vaishali, at present working as Exclusive Teacher at GMS Panapur Dharampur, Block Bidpur, District -Vaishali.
34. Nikhat Sultana, D/o Shakil Ahmad Khan, R/o At-Bauli Pandriva Masjid Chowk, Hajipur, P.S. Hajipur, District - Vaishali, at present working as Exclusive Teacher at UMS Jamalpur, Block Hajipur, District - Vaishali.
35. Anoj Kumar, S/o Ram Vilash Ray, R/o Village and P.O.-Shubhai (Hat), P.S.Hajipur, District Vaishali, at present working as Exclusive Teacher at UMS Kutubpur Uttari, Block Bidpur, District - Vaishali.
36. Sujeet Kumar, S/o Kaliyug Ram Prabhakar, R/o Village - Chhatwara Khaspatti, P.O. -Madhopur Nijhma, P.S. - Mahua, District - Vaishali, at present working as Head Teacher at NPS Sharma Sharawanpatti, Block -Mahua, District - Vaishali.
.... ... Petitioner/s Versus
1. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.
2. The Secretary, Education Department, Government of Bihar, Patna.
3. The Director, Primary Education, Education Department, Government of Bihar, Patna.
4. The Regional Deputy Director of Education, Muzaffarpur, District -Muzaffarpur.
5. The District Education Officer, Vaishali, District Vaishali.
6. The District Programme Officer, Establishment (Education), Vaishali, District - Vaishali.
.... ... Respondent/s
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar, Adv. Mr. Mukesh Kumar Singh, Adv. Mr. Arinjay Kumar, Adv. Mr. Shivam Kumar, Adv. Mr. Gautam Kumar, Adv.
For the Respondent/s : Mr. Deepak Sahay Mamuar, AC to AAG
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
10-03-2026
(Ajit Kumar, J)
rishi/- U
ORAL ORDER
1. The instant writ petition has been filed for the following relief:
“1. (i) For issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction to the respondent authorities to consider and grant the benefits (Grade Pay) of trained teacher to the petitioners since the date of completion of two years in-service teachers training course of Diploma in Elementary Education (In short D.El.Ed.), Face-to-Face/Regular Course in Sessions 2015-17 and 2016-18 and all the petitioners have passed their examinations on 19.01.2019 in the result published by the Bihar School Examination Board, Patna.
(ii) Further, for issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction to the respondents to grant all the monetary benefits like arrears of differences of salary as-well-as seniority since the due date of completion of the teachers training to all the petitioners according to the order/Judgment dated 01.02.2021 passed in C.W.J.C. No. 7938 of 2020 (Manoj Kumar and others V/s The State of Bihar and others) which has/has been upheld vide Order/Judgement dated 03.04.2025 passed in L.P.A. No 456 of 2021 passed by Hon'ble Division Bench of this Hon'ble Court and has also been affirmed vide Order/Judgement dated 15.01.2026 passed in S.L.P. (Civil) Diary No(s) - 66035/2025 by Hon'ble Apex Court, and also in the light of several other Orders/Judgements (Annexure P/10 and P/12) passed by Hon'ble Coordinate Benches of this Hon'ble Court.”
2. Counsel for the petitioners submits that the petitioners have completed their in-service teachers training course of Diploma in Elementary Education (Face-to- Face/Regular) course in Sessions 2014-16, 2015-17 and 2016- 18 and they completed their course of in-service teachers training in the years 2017 and 2018 itself and the final examination of the said Sessions were conducted in the month of October, 2018 due to laches on the part of the respondent State authorities and there was no lapses on the part of the petitioners and, therefore, they are entitled to grant of such benefits of grade pay of trained teachers in the light of the judgment rendered by the Co-ordinate Bench of this Court in the case of Kishor Kumar and others Vs. The State of Bihar & Ors. (CWJC No. 16165 of 2019) from the date of completion of their in-service teachers training courses.
3. It is next submitted that the issues have already been put at rest relying upon the judgment passed by the Co- ordinate Bench rendered in the case of Kishor Kumar (supra), a detailed order has been passed in the case of Manoj Kumar & Ors. Vs. State of Bihar & Ors. (CWJC No. 7938 of 2020), which squirely covers the case of these petitioners.
4. It is next submitted that against the order passed by the Co-ordinate Bench, the State authorities have preferred appeal before the Hon’ble Division Bench by filing LPA No. 456 of 2021 (The State of Bihar & Ors. Vs. Manoj Kumar & Ors.) and the Hon’ble Division Bench has affirmed the order passed by the Co-ordinate Bench of this Court, which is being reproduced herein below:-
“-----5. It is to be noted that appellants-State have not preferred LPA in Kishor Kumar and Others (supra) case. On the other hand, they have not taken note of specific words in the Kishor Kumar and Others (supra) to the following extent:- "The respondents have to take decision granting benefit of trained scale to the petitioners with effect from the date of completion of their training i.e., May, 2017. Necessary decision in this regard with all consequential monetary benefits must be taken by the Director, Secondary Education within a period of sixty days from date of receipt/production of a copy of this order". Underline Supplied
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
