Patna High Court
Rewati Kant Singh vs The State Of Bihar on 21 March, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10923 of 2021
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1. Rewati Kant Singh Son of Late Ram Yatan Singh Resident of Village-
Rupaspur, Post- sahai Nagar, Police Station- Rupaspur, District- Patna
2. Binay Kumar singh Son of Sh. Shambhu Sharan Singh resident of village
and Post- Nargada, Police Station- Shahpur, District- Patna
3. Shivnath Sharma Son of Late Chandra Singh resident of village- Saguni,
Post- Rema, Police Station- Masaurih, District- Patna
4. Devnath Rai Son of Late Raj Balam Rai Resident of village- Khaspur, Post
Daudpur, Police Station- Maner, District- Patna
5. Dhupneshwar Pandey Son of Late Girijanand Pandey resident of village-
Mainpur Anda, Post- Neura, Police Station- Phulwari, District- Patna
6. Abhimanyu Prasad Son of Late Hari Saw resident of village- Andari, Post-
Jaitiya, Police Station- Ratuha (Gaurichak), District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, patna
2. The Director Primary Education, Government of Bihar, patna
3. The District Magistrate, Patna
4. The Regional Deputy Director of Education, Patna
5. TheDistrict Education Officer, Patna
6. The District Programme Officer (Establishment) Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Respondent/s : Mr. Prabhakar Jha, GP-27
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 21-03-2025
Heard Mr. Manoj Kumar, learned counsel
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
Patna High Court CWJC No.10923 of 2021 dt.21-03-2025
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reproduced hereinafter:
"I) For issuance of writ in the nature of
mandamus directing the respondents to grant the
matric trained scale to the petitioners with
consequential benefit from the date they are eligible
to maintain the parity in the pay scale with juniors
which has been granted to them in compliance of
the several orders of this Hon'ble Court.
II) For any other relief/reliefs, for which
the petitioners are entitled for and/or in the interest
of Justice."
3. Learned counsel appearing on behalf of the
petitioners submitted that petitioners no. 1 to 4 were selected for
appointment to the post of Assistant Teacher under PH Category
in the year 1981-82 in untrained scale, petitioner no. 5 was
appointed on compassionate ground on 20.01.1988 on the basis
of recommendation of the District Compassionate Committee,
Patna dated 05.05.1987 and petitioner no. 6 was appointed
under PH category by the competent authority on 16.11.1981
and all the petitioners had given their joining in the respective
Government Shools and are imparting education without any
adverse remarks. In the appointment letters, it was categorically
mentioned that it is mandatory to complete the training within
two years from the date of the appointment on self-bearing
expenses at the government training colleges as allotted to the
petitioners. He further submitted that though the list was
prepared for sending the petitioners in service training but the
Patna High Court CWJC No.10923 of 2021 dt.21-03-2025
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same was implemented after ten years of their services and
accordingly the petitioners, after obtaining the in service
training declared successful and in respect of relevant dates of
entitlement and the date of passing in service training, he has
given information in paragraph no. 6 of the writ petition in
tabular form, which are reproduced hereinafter:
Sl. No. Name of petitioner Date of Date of passing
entitlement of the in service
trained scale training
1 Rewati Kant Singh 06.4.1984 14.10.1993
2 Vinay Kumar Singh 06.4.1984 14.10.1993
3 Shivnath Sharma 06.4.1984 17.04.1995
4 Devnath Rai 06.4.1984 17.04.1995
5 Dhupneshwar Pandey 10.01.1990 20.06.2005
6 Abhimanyu Prasad 17.11.1983 17.04.1995
4. Learned counsel further submitted that the case of
the petitioner is covered by a decision of Division Bench of this
Court passed in case of Chandrakant & Ors. vs. the State of
Bihar and Ors. reported in (2010) 4 PLJR 732 and other
analogous cases.
5. Considering the aforesaid submissions made on
behalf of the petitioners, the authority concerned is directed to
consider the case of the petitioners in light of the judgment of
the Division Bench of this Court passed in Chandrakant
(Supra), particularly in light of paragraph no. 30 of the aforesaid
judgment, which inter alia is reproduced hereinafter:
Patna High Court CWJC No.10923 of 2021 dt.21-03-2025
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"30. Coming to the last issue, we find
merit in the submission advanced on behalf of the
appellants that due to inability of the State
Government to hold the required examination within
a reasonable time, the appellants who were
successful, have suffered undue hardship. In that
view of the matter, when the examination could not
be held within two years in spite of directions of the
Apex Court and even later, as per directions of this
Court, we are of the view that the State Government
which has the necessary powers, must take steps to
relax rule 11 of the Rules as a one time measure
within a reasonable time and take a prompt decision
to grant matric trained scale to the teachers who
have passed the in-service training examination in
June, 2005 from any date which may be found
suitable and reasonable so as not to affect such
teachers adversely for the unusual delay in holding
the training examination. It would be reasonable
and appropriate to grant matric trained scale to
such teachers as indicated above from any
reasonable date, may be from the date when the
period of two years fixed by the Apex Court for
completing the training of such teachers expired
without compliance or even from 1-10-2003, i.e.
when actual payment in Matric trained scale was
stopped. Keeping in view the requirements of Article
14 of the constitution, benefit of advancing the date
for grant of Matric trained scale, as indicated above
will also be made available to such teachers who
may pass the training examination in the second
attempt. For them the date will vary but benefit
should be on same lines as given to those who have
passed in the first attempt."
6. Subsequently, the judgment passed by the Division
Bench in L.P.A. No. 1409 of 2017 (Raj Narain Singh & Ors.
vs. the State of Bihar & Ors.), wherein the Division Bench has
also taken note of the development which has taken place in
light of the Chandrakant (Supra) and has held that paragraph
no. 4(i) of the Resolution No. 12 dated 05.01.2015 of the
Education Department is in teeth of the Division Bench
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Judgment passed in Chandrakant (supra). The petitioners are
also entitled for the similar relief in light of order dated
10.12.2018
in Raj Narain Singh (Supra).
7. The petitioners, if so advised, may file a detailed
individual representation before the District Education Officer,
Patna for taking corrective measures in light of the law laid
down by this Course in the cases as noted above.
8. Accordingly, the present writ petition stands
disposed of.
(Purnendu Singh, J)
Niraj/-
AFR/NAFR
CAV DATE N/A
Uploading Date 24.03.2025
Transmission Date N/A
