[Cites 3, Cited by 0]
Patna High Court
Bajrang Pathak vs The State Of Bihar on 23 December, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5342 of 2025
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1. Bajrang Pathak S/o- Kunwarnath Pathak, Resident of Village and P.O.-
Karanpur, Ward No.05, P.S.- Supaul, Distt.- Supaul, Presently posted as
Panchayat Teacher at Primary School Kathi Mehta Tola Chhatapur, Supaul.
2. Swapanil Kumar Ram S/o- Satish Chandra Ram, Resident of Village, P.O.
and P.S.- Kunauli, Distt- Supaul, Bihar, presently posted as Nagar Teacher at
Near Degree College Supaul.
3. Roushan Kumar S/o- Mahendra Ram, Resident of Village and P.O.- Bina,
and P.S.- Supaul, Distt- Supaul Bihar, Presently posted as Panchayat Teacher
at N.P.S. Mushari Tola Supaul.
4. Mahesh Kumar Chodhary S/o- Dinesh Chudhary, R/o- Nagar Parisad, Sonar
Tola Mallick Chowk, Ward No. 23, P.O. and P.S.- Supaul, Distt- Supaul,
Bihar, Presently posted as Prakhand Teacher at U.M.S. Jharkaha Bhathi
Shankarpur, Madhepura.
5. Ranjit Kumar Thakur S/o- Amarnath Thakur, R/o- Bhelahi, Ward No.-19,
P.S.- Supaul, Distt- Supaul, Bihar, Presently posted as Panchayat Teacher in
Primary School Nav Tola Thumha Supaul.
6. Amlesh Kumar S/o- Sitaram Sharma, Resident of Village- Keshav Nagar,
P.S.- Pipara, Distt- Supaul, Bihar, Presently posted Panchayat Teacher at
Primary School Mushari Tola Belahi Supaul.
7. Santosh Kumar Son of Late Jagrup Rajak, R/o Near Railway Dhala, Ward
No-19, Bhirkhi, P.S.- Madhepura, Distt- Madhepura Bihar, Presently posted
as Prakhand Teacher at UMS Jharkaha Bhathi Shankarpur, Madhepura.
8. Amim Alam S/o- Md. Shamim Alam, R/o- Samastipur, Ward No.13, P.S-
Bhaktiarpur, Distt- Saharsa, Bihar, Presently Prakhand Teacher at Girl
Middle School Chausa Madhepura.
9. Saquib Naiyar S/o- Md. Mashir Siddiquee, R/o- Ward No.05, Chausa
Paschim, P.S.- Chausa, Distt- Madhepura, Bihar, Presently posted as
Prakhand Teacher at U.M.S. Laxminia Chousa, Madhepura.
10. Md. Saheb Jamal S/o- Md. Suleman Akhter, R/o- Mahammadia, P.S.-
Dagarua, Distt.- Purnia, Bihar, Presently Posted as Panchayat Teacher at
Primary School Poura Tola Chousa, Madhepura.
11. Ajay Kumar S/o- Shiv Shankar Ram, R/o- Ward No.12 Maricha, P.O.-
Kahrel, P.S.- Supaul, Distt- Supaul Bihar, Presently Posted as Panchayat
Teacher at Middle School Ganeshpur Supaul.
12. Rupesh Kumar Ram S/o- Saini Ram, R/o- Sukhasan, Ward No.-09, VTC
P.O- Sukhasan, P.S.- Singheshwar Distt- Madhepura, Bihar, Presently Posted
as Panchayat Teacher at Primary School Shiv Dayalpur Madhepura.
13. Vartika D/o- Sri Roy Dwijendra Rana, R/o- Shivpuri, Ward No.-14, P.O.-
Saharsha P.S.- Shivpuri, Distt- Saharsa, Bihar, Presently Posted as Prakhand
Teacher at U.M.S. Baijnathpatti, Saharsa.
14. Bablu Kumar S/o- Surendra Choudhary, R/o- Kariho, Ward No.16, Navtol
P.O.- Kariho P.S.- Supaul, Distt.- Supaul, Bihar, Presently Posted as
Panchayat Teacher at Girl Primary School Sukhpur Supaul.
15. Santosh Kumar Mehta S/o- Jai Narayan Mehta, R/o- Ward No.14 Sripura
Sukshan, P.O- Sripur Sukshan P.S.- Kishanpur, Distt- Supaul, Pin Code-
852138, Presently Posted as Panchayat Teacher at Middle School Chainpatti
Patna High Court CWJC No.5342 of 2025 dt.23-12-2025
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Hindi Supoul.
16. Mithilesh Kumar S/o- Ram Prasad Mahto, R/o- Nandenagar Tamuria P.O.-
Tamuria, P.S- Lakhnour, Distt- Madhubani, Pincode- 847410, Presently
Posted at as Prakhand Teacher Graduate at Upgraded Middle school
Ganeshpur Block Marouna, Distt- Supoul.
17. Surendra Kumar S/o- Vishnudeo Prasad Yadav, R/o- Chukti, P.O. and P.S.-
Mansi, Distt.- Khagaria, Pincode- 851214, Presently Posted as Prakhand
Teacher at Middle School Hardiya Purnwas Chautham Khagaria.
18. Piyush Kumar S/o- Ashok Kumar Choudhary, R/o- Bharso, P.S.- Parbatta,
Distt.- Khagaria, Pincode- 851216. Presently Posted as Panchayat Teacher at
Primary School Ambedkar Nagar Bharso, Distt- Khagaria.
19. Amit Kumar S/o- Brajesh Choudhary, R/o- Ward No.10 Netaji Gali Sidhi
Ghat, P.O. and P.S.- Khagaria, Distt.- Khagaria, Pincode- 851204. Presently
Posted as Prakhand Teacher at Middle School Sauradih Sahita, Khagaria.
20. Santosh Kumar S/o- Lakshmi Prasad Singh, R/o- Ward No.2, Haripur Near
Post Office, P.O.- Haripur, P.S.- Aloili, Distt.- Khagaria, Pincode- 848203.
Presently Posted as Panchayat Teacher at Primary School Chirotna
Khagaria.
21. Mukesh Kumar S/o- Om Prakash Paswan, R/o- Ward No.11 Sabalpur, P.O.-
Marar, P.S.- Morekahi, Distt- Khagaria Pincode- 851205. Presently Posted
as Panchayat Teacher at Primary School Ghandi Rasoik Khagaria.
22. Shambhu Kumar S/o Jai Narayan Paswan, R/o- Ward No.05 Bhaptiahi, P.O.-
Bhaptiahi, P.S.- Bhaptiahi, Distt- Supaul Pincode- 852105. Presently Posted
as Panchayat Teacher at Primary School Chain Singh Patti, Distt.- Supaul.
23. Kumar Suman S/o- Upendra Yadav, R/o- Ward No.26 Bhirkhi Garib Tola
P.s. and Distt- Madhepura, Pin Code- 852113. Presently Posted as Prakhand
Teacher at Middle School Babm Biyani Madhepura.
24. Niraj Kumar Mandal S/o- Awadhesh Prasad Mandal, R/o- Ward No.12,
Mandal Tola Hathiaundha P.O.- Hathiaundha, P.S.- Bihariganj, Distt-
Madhepura, Pin Code- 852101. Presently Posted as Prakhand Graduate
Teacher at Upgraded Middle School Belasaddi, Madhepura.
25. Manjita Rani W/o- Pradip Jha, R/o- Ward No.-03 Belasaddi Kumar Khand
P.O.- Ram Nagar Bazar, P.S.- Shree Nagar Distt.- Madhepura, Pincode-
852112. Presently Posted as Prakhand Graduate Teacher at Upgraded Middle
School Belasaddi Madhepura.
26. Vikas Kumar Mandal S/o Shrikant Mandal, R/o- Ward No.-12 Hatiaundha,
P.O.- Hatiaundha P.S.- Bihariganj, Distt- Madhepura, Pin Code- 852101.
Presently Posted as Prakhand Graduate Teacher at Upgraded Middle School
Hathioundha Chandi Tola, Madhepura.
27. Kumari Sharmila Mandal W/o- Ajit Kumar Sharma, R/o Ward No.12
Kishunpur, P.O.- Kishunpur Ratwara P.S.- Kishunpur, Distt.- Madhepura,
Pincode- 851022. Presently Posted as Prakhand Graduate Teacher at Middle
School Kapsiya Distt.- Madhepura.
28. Ganesh Kumar Son of Dani Yadav, R/o- Ward No.03, Itwa Rupauli
Singheshwar P.S- Gamhariya, Distt.- Madhepura.
29. Birendra Kumar Son of Prithivi Sharma, Resident of Village- Ward NO.16,
Piprahi P.O.- Dinapatti, P.S.- Pipra, Distt.- Supaul.
30. Ritesh Ranjan S/o- Ram Naresh Prasad, New Kunj Colony, Bhadurpur Bazar
Samiti, Rajendranagar, P.O- Rajendra Nagar, Distt.- Patna.
Patna High Court CWJC No.5342 of 2025 dt.23-12-2025
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31. Om Prakash Yadav S/o- Lagan Dev Shah, R/o- Rajmaniniwas, Near Indu
Devi House No.9/12, Nea Alkapuri, Phulwari Anisawad, Distt.- Patna.
32. Balanand Jha S/o- Yogendra Jha, R/o- Chainpur P.O.- Baluya Bazar P.S-
Chhatapur, Distt.- Supaul Pincode- 854339. Presently Posted as Panchayat
Teacher at Primary School Rishidev Tola Chainpur Supaul.
33. Kanchana kashyap W/o- Nalin Kishor Chaudhary, R/o- Flat No. 507,
Mahavir Enclave Ambedkar Path Near Shyamal Hospital P.S- Rukanpura,
Distt.- Patna. Presently Posted as Panchayat Teacher Kanya Middle School
Maner Patna.
34. Prakash Kumar S/o- Suryamani Prasad Singh, R/o- Vill- Belaur, P.O.-
Chandi Mow, P.S.- Rajgir, Distt.- Nalanda, Pincode- 803109. Presently
Posted as Nagar Teacher at P.S. Mitma Distt.- Nalanda.
35. Rajeev Kumar S/o- Umesh Kumar Chakravarty, R/o- Vill- Dwarika Bigha,
P.S.- Tharthari, Distt.- Nalanda, Pincode- 801307. Presently Posted as
Prakhand Teacher at U.M.S. Chainpur, Distt.- Nalanda.
36. Santosh Kumar S/o- Siddheshwar Prasad, R/o- Imamganj P.O.- Sohsarai,
P.S.- Raui, Distt.- Nalanda, Pincode- 803118. Presently Posted as Prakhand
Teacher at Upgraded Middle School Machhaldiha, Distt.- Nalanda.
37. Kumari Swarn Pushpa Rani D/o- Shashi Bhushan Prasad, R/o- Gopalpur,
P.O.- Gopalpur, P.S.- Warsaliganj, Distt.- Nawada, Pincode- 805130.
Presently Posted as Prakhand Teacher at U.M.S. Koiri Bigha, Distt.-
Nalanda.
38. Kumari Shalini Sinha D/o- Shyam Sundar Prasad, R/o- Manachak, P.O.-
Kanarkalla, P.S.- Sarmera, Distt.- Nalanda, Pin code 811101. Presently
Posted as Panchayat Teacher at Naya Primary School Pitamber Bigha Bind
Distt.- Nalanda.
39. Ashutosh Kumar S/o- Yogendra Prasad Sinha, R/o- Rani Sarai P.O.- Bhadur
Ganj P.S.- Giriyakchak, Distt.- Nalanda. Presently Posted as Prakhand
Teacher at Upgraded Middle School Koiribigha, Distt.- Nalanda.
40. Sarda Kumari D/o- Jainendra Prasad, R/o- Chakhazari P.O.- Kaliyachak,
P.S.- Hilsa Distt.- Nalanda Pin Code- 801304, Presently Posted as Prakhand
Teacher at U.M.S. Jafra Ben Distt.- Nalanda.
41. Anant Kumar Son of Arjun Prasad, Resident of Vill- House No.15 Ward
No.-7 Nirpur P.S- Silow Distt.- Nalanda Pin Code- 803111, Presently Posted
as Prakhand Teacher at U.M.S. Madhi Distt.- Nalanda.
42. Vishnu Shankar Singh Son of Brajnandan Singh, Resident of Village-
Lakaiyapar Khaira P.O.- Khaira P.S.- Ben Distt.- Nalanda, Pin Code-
803114. Presently Posted as Panchayat Teacher at Primary School Paschami
Bigha, Distt.- Nalanda.
43. Sanjay Kumar Son of Ajit Kumar Singh, Resident of Village- Nona Surajpur
P.S.- Silow Distt.- Nalanda, Pin Code- 803111. Presently Posted as
Panchayat Teacher at Primary School Hari Harpur Distt.- Nalanda.
44. Vikash Kumar Singh Son of Rajo Singh, Resident of Village- Jhing Nagar
P.O. and P.S.- Biharsharif Distt.- Nalanda Pin Code- 803101. Presently
Posted as Prakhand Teacher at Mahmadpur, Distt.- Nalanda.
45. Tarun Paswan Son of Birmani Paswan, R/o- Kathanpura P.O.- Ajaypur, P.S-
Nursarai, Distt.- Nalanda, Presently Posted as Panchayat Teacher at Primary
School Ghostama Mushari, Distt.- Nalanda.
46. Rajesh Chandra Son of Surendra Singh, R/o- Nari P.O.- Jagdishpur, P.S.-
Patna High Court CWJC No.5342 of 2025 dt.23-12-2025
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Nursarai Distt.- Nalanda Pin Code- 803114. Presently Posted as Panchayat
Teacher at Primary School Ujarpur Distt.- Nalanda.
47. Vikash Kumar Son of Sheo Kumar Prasad, R/o- Mandi P.O.- Mandi P.S.-
Ben, Distt.- Nalanda Pin Code- 803111. Presently Posted as Prakhand
Teacher at Middle School Ram Ganj Nalanda.
48. Brajesh Kumar Son of Om Prakash Paswan, R/o- Sabalpur P.O- Marar P.S-
Morkahi Distt.- Khagaria. Presently Panchayat Teacher at Primary School
Titar Tola Khutiya, Distt- Khagaria.
49. Mulen Kumar Son of Ramotar Paswan, R/o- Sabalpur Marar P.O.- Marar,
P.S.- Morkahi Distt.- Khagaria, Presently Posted as Panchayat Teacher at
Primary School Bisbitti, Distt.- Khagaria.
50. Diwakar Kumar Son of Bano Poddar, R/o- Marar Dakshini, P.O.- Marar,
P.S.- Morkahi, Distt- Khagaria Pin Code- 851205. Presently Posted as
Prakhand Teacher at Middle School Marar, Distt.- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary Govt. of Bihar, Patna.
2. The Chief Secretary, Govt. of Bihar, Patna.
3. The Addl. Chief Secretary, Education Department Govt. of Bihar, Patna.
4. The Director, Primary Education Govt. of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar No.1, Adv.
For the Respondent/s : Mr. Saroj Kumar Sharma, AC to AAG-3
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 23-12-2025
Heard the parties.
2. This batch of writ petitioners was duly appointed as
untrained Panchayat/Prakhand/Nagar Teachers in the year 2013-
2016 by the competent authority. Despite having their
appointments been made with a clear stipulations that the
petitioners shall be sent for teachers training to their respective
training colleges, they had been sent belatedly. Even though the
petitioners have duly appeared in the examination, but their
results have been published with a further delay and thereby,
Patna High Court CWJC No.5342 of 2025 dt.23-12-2025
depriving them from trained scale for a pretty long time, without
there being any fault on their part.
3. Identical issue has come up for consideration before
this Court in case of Kishor Kumar & Ors. Vs. The State of
Bihar & Ors., CWJC No. 16165 of 2019, which came to be
disposed off on 09.08.2019, by observing as follows:-
"Considering the aforesaid,
the writ petition is disposed of with a
direction to the Director, Primary
Education to consider the case of the
petitioners and grant the benefit from the
date of completion of training to the
petitioners as the lapses on the part of the
respondents cannot be a ground to deny
the benefit of trained pay scale. It is now
well settled that one cannot take
advantage of his own wrong in defeating
the genuine claim. Chief Justice Chhagla
of Bombay High Court in the case of All
India Groundnut Syndicate Ltd. Vs.
Commissioner of Income Tax, Bombay
City: AIR 1954 Bom. 232 has occasion to
settle the principle on the similar line
there is judgment of the Apex Court in the
case of State of Maharashtra Vs.
Jagannath Achyut Karandikar: AIR
1989 SC 1133. 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 the date of
receipt/production of a copy of this order.
With the aforesaid, the writ
petition stands disposed of."
Patna High Court CWJC No.5342 of 2025 dt.23-12-2025
4. Mr. Mukesh Kumar No. 1, learned Advocate for the
petitioners submitted that identically situated persons also
approached this Court in CWJC No. 7938 of 2020 (Manoj
Kumar & Ors. Vs. The State of Bihar & Ors.) with other
analogous writ petitions, which came to be disposed off in the
light of the aforenoted decisions on 01.02.2021. Aggrieved with
the order passed by learned Single Judge, the State has
unsuccessfully preferred letters patent appeal bearing LPA No.
456 of 2021, which came to be dismissed on 03.04.2025.
5. Referring to the aforenoted decisions, it is
submitted that despite the issue having been settled up to the
Division Bench of this Court, the petitioners have not been
accorded the identical relief in the light of the Bihar State
Litigation Policy especially Clause 4 (c) (i) thereof. Hence, the
present application.
6. Mr. Saroj Kumar Sharma, learned Advocate for the
State though did not confront with the legal position, however it
is apprised to this Court that against the order passed by the
Division Bench in LPA No. 456 of 2021, the State has preferred
SLP (Diary) No. 66035 of 2025 dated 17.11.2025.
7. At this juncture, learned Advocate for the
petitioners submits that to his instruction there is no stay of the
operation of the order passed by the learned Single Judge as
well as Division Bench of this Court. It is further submitted that
Patna High Court CWJC No.5342 of 2025 dt.23-12-2025
the petitioners have also filed a detailed representation before
the Director, Primary Education, Bihar, Patna but, till date, no
decision has been taken.
8. Having considered the aforesaid facts and
circumstances as well as the position in law, as held by the
learned Single Judge as well as Division Bench of this Court,
this Court deems it apt and proper to dispose off the writ
petition with a direction to the respondent no. 4 to take up the
representation of the petitioners dated 25.07.2025, the copy of
which is marked as Annexure-P/9 to the writ petition and bring
to its logical conclusion, preferably within a period of eight
weeks, from the date of receipt/production of a copy of this
order.
9. It is made clear that if the claim of the petitioners
find identical to those, who have been accorded the relief, as
prayed for in the writ petition, the identical relief must be
accorded to the petitioner, subject to the final outcome of the
aforementioned SLP.
10. The writ petition stands disposed off.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.12.2025
Transmission Date NA
