Patna High Court
Sumitra vs The State Of Bihar on 29 July, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10643 of 2020
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1. Sumitra W/o Sri Manish Kumar at present resides at Mohalla- East Patel
Nagar, Road No.-8, P.o. and P.s.- Shastri Nagar, District- Patna
2. Vineeta D/o Devendra Kumar Gupta R/o Mohalla- Indrapuri, House No.-46,
Road No.-15, P.O..- Keshri Nagar, P.S.- Patliputra, District- Patna
3. Anju Sinha W/o Avinash Kumar r/o Mohalla- New Jakanpur, P.O.- G.P.O.,
P.S.- Gardanibagh, District- Patna
4. Santosh Kumar Paswan S/o Jokhan Manjhi R/o At Sahay Bhawan,
Mohanpur Pump House Road, Punaichak, P.O.- Punaichak, P.S.-
Shastrinagar, District- Patna
5. Gunjan Mishra W/o Pragya Kumar Pathak R/o At R.M.S. Colony Road, No.
-1, Kankarbagh, P.O.- Lohia Nagar, P.S.- Kankarbagh, District- Patna
6. Simmi Sinha W/o Madhul Kumar Sharan R/o Mohalla- Lohiya Nagar, Lane
No.- 8, Chandmari Road, P.O.- Lohiya Nagar West, P.S.- Kankarbagh,
District- Patna
7. Dhiraj Kumar S/o Krishna Deo Ram R/o At House No. 24, Sanghatpar, P.O.
and P.S.- Masaurhi, District- Patna
8. Anita Kumari D/o Manpujan Choubey R/o Mohalla- Shivpur, Kali Sithan,
P.o.- Mahendru, P.s.- Sultanganj, District- Patna
9. Pinku Kumari W/o Pramod Kumar R/o At Shivaji Nagar, House No. 21,
Road no. 2, P.O. and P.S.- Beur, District- Patna
10. Sushma Kumari D/o Manikant Pasad Singh R/o At Brijmohan Apartment,
Near RPS Mahila College, P.O. and P.S.- Mansarovar Nagar, Danapur,
District- Patna
11. Suraksha Saha W/o Krishna Murari R/o Mohalla- Vikash Nagar, Kurji, P.O.-
Sadakat Ashram, P.S.- Digha, District- Patna
12. Babita Kumari W/o Deepak Kumar R/o Mohalla- Purandarpur, Bharat Lal
Road, P.O.- G.P.O., P.S.- Jakkanpur, District- Patna
13. Bhanu Priya W/o Sunil Kumar Sharma r/o At C.D.A. Colony, North Shastri
Nagar, Quarter No. 129, P.O. and P.S.- Shastri Nagar, District- Patna
14. Nishi Kumari W/o Sri Tarun Kumar Sinha R/o At House No. 14, Justice
Mandal Path Near- DAV, BSEB Rajbanshi Nagar, P.o. and P.s.- Shastri
Nagar, District- Patna
15. Shobha Kumari D/o Late Basudeo Prasad R/o At Rashmi Bhawan, PCS
Road, Eastern Jaganpura, P.O.- Khemni Chak, P.S.- Ramkrishna Nagar,
District- Patna
16. Prem Lata Sinha W/o Ajay Kumar R/o House No.- J.K.S./D-19, Baidhnath
Mahto Marg, Old, P.O.- G.P.O., P.S.- Old Jakkanpur, District- Patna
17. Kalpana Kumari W/o Avnish Kumar R/o At Old Bahadurpur, South of Bazar
Samiti Gate, Rajendra Nagar, P.O.- Rajendra Nagar, P.S.- Old Bahadurpur,
Patna High Court CWJC No.10643 of 2020 dt.29-07-2025
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District- patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna
2. The Principal Secretary, Education Department, Government of Bihar, Patna
3. The Director, Primary Education, Govt. of Bihar, Patna
4. The District Magistrate, Patna, District- Patna
5. The District Education Officer, Patna, District- Patna
6. The District Programme Officer, Establishment (Education), Patna, District-
Patna
... ... Respondent/s
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate
Mr. Arinjay Kumar, Advocate
For the Respondent/s : Mr. Prabhakar Jha, GP-27
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 29-07-2025
Heard Mr. Mritunjay Kumar along with Mr. Arinjay
Kumar, learned counsels appearing on behalf of the petitioners
and Mr. Prabhakar Jha, learned GP-27 for the respondent/s.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter :
"I. For issuance of a writ in the nature of certiorary or any
other appropriate writ/order/direction to set- aside the
provision contained in clause 2.8 of File (Sanchika) No.-
11/वव.1-8/2013-1530, 11.08.2015 whereby and whereunder
it has been directed/provided that the trained teachers who
have been employed or shall be employed, will be provided
their trained pay scale (Grade pay with pay scale) after
completion of two years of their employment, though they
have been appointed as trained teacher.
II. Further, for issuance of a writ in the nature of
mandamus or any other appropriate writ/order/ direction
Patna High Court CWJC No.10643 of 2020 dt.29-07-2025
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directing for consequential relief(s) to the respondents to
consider the petitioners as Graduate Grade Trained
Teacher since the date of their fixation of their pay scale i.e.
01.07.2015
as the petitioners have been appointed as
trained teacher against the vacant and sanctioned post of
Graduate Grade and accordingly grant the Grade pay with
pay scale.
III. Further, for issuance of a writ in the nature of
mandamus or any other appropriate writ/order/direction to
the respondents to pay the differences of salary after
granting Grade pay with pay scale from 01.07.2015 to
February, 2016 to petitioner Nos 1, 3, 4, 8 and 13, from
01.07.2015 to July 2016 to petitioner Nos.-2, 6, 7, 9, 11, 12,
15 and 16, From 01.07.2015 to October, 2016 to petitioner
Nos.-5, 10 and 14 and from 01.07.2015 to April 2017 to
petitioners No. 17 respectively, and accordingly fix the
salary of petitioners.
IV. Further, for issuance of a writ in the nature of
Mandamus or any other appropriate writ/ order/direction to
the respondents to grant and pay the yearly increment to the
petitioners in the year 2015 and 2016, except petitioner no.-
17 who has been given the yearly increment in the year
2016, but not been given in the year. 2017.
And for any other relief(s) as your Lordships
may deem fit and proper."
3. Mr. Mrityunjay Kumar, learned counsel
appearing on behalf of the petitioners submitted that the case of
the petitioners is covered by the observations made by this
Court in Paragraph Nos. 78 to 82 of order/judgment dated
22.07.2025 passed in C.W.J.C. No. 17709 of 2021 (Rajesh
Kumar Pandey Vs. The State of Bihar & Ors.).
4. The petitioners were appointed in the year
2014-2015 and their Kalawadhi of two years was completed in
the Year 2016, as such, in the light of Resolution No.1530 dated
11.08.2015, the petitioners became entitled for the Graduate Pay
from their respective date of entitlement.
Patna High Court CWJC No.10643 of 2020 dt.29-07-2025
5. So far as Prarambhik School Teachers are
concerned, the explanations contained in Paragraph Nos. 10 to
23 of the counter affidavit filed on behalf of the respondent no.2
do not give answer, as to why, the Prarambhik Teachers (i.e.
Teachers of Class-6 to 8) have been left out in the said
resolution leading to denial to them the Graduate Pay Scale
prescribed as per their educational qualification and on this
ground, learned counsel appearing on behalf of the petitioners
seeks interference of this Court.
6. Per contra, Mr. Prabhakar Jha, learned counsel
for the State has submitted that it is well settled principle that
the Court must restrain to interfere with the policy decision,
particularly in respect of Pay Scale prescribed by the State
Government and has relied upon the judgment of the Hon'ble
Supreme Court passed in the case of Union of India vs. Indian
Navy Civilian Design Officers Association reported in (2023)
19 SCC 482 but he has not denied that in the case of Sudha
Trivedy vs. The State of Bihar & Ors. (C.W.J.C. No. 8407 of
2021), the Additional Chief Secretary in presence of the learned
Advocate General had admitted that a step will be taken to
rectify the Resolution No.1530 dated 11.08.2015 by
incorporating Prarambhik Teachers (Middle School) so that the
Patna High Court CWJC No.10643 of 2020 dt.29-07-2025
teachers of Class-6 to 8 may also be given the benefit of the said
resolution. He further submitted that the mistake may be a
typographical error but the same has lead to apparent
discrimination calling to make the resolution applicable in the
case of the petitioners and like teachers of Class 6 to 8 of
Middle School and Elementary of any level of local bodies.
7. Heard the parties.
8. The State with the objective to grant respectable
salary to the Niyojit Teachers has come out with the Resolution
No.1530 dated 11.08.2015 granting pay scale to the trained and
untrained Niyojit Teachers. I find that the benefit of the said
resolution can not be defeated to the petitioners and similarly
situated teachers of Class-6 to 8 after completion of their
Kalawadhi as per the provisions of Clause 2.8 of the resolution,
appointed at any level of local bodies in terms of Rules framed
under Article 243G of the Constitution of India.
9. I have already made clarification in this regard in
Paragraph No.78 to 82 in my judgment/order delivered in the
case of Rajesh Kumar Pandey (Supra) on 22.07.2025. The
directives contained in Paragraph Nos. 83 to 85 of the said
judgment are equally applicable to the petitioners and like
Niyojit Teachers also.
Patna High Court CWJC No.10643 of 2020 dt.29-07-2025
10. The writ petition is accordingly allowed.
11. There shall be no order as to costs.
(Purnendu Singh, J)
Chn/durgesh/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 05.08.2025
Transmission Date NA.
