Patna High Court
Naval Kishore Rai vs The State Of Bihar on 4 November, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16975 of 2025
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1. Naval Kishore Rai S/o Faudi Rai, Resident of vill.- Bisar Patti, P.O.-
Rupauli, P.S.- Jaitpur, District- Muzaffarpur.
2. Om Prakash, S/o Ambika Singh, Resident of village - Shahpur Patti, P.S.-
Sahebganj, District - Muzaffarpur.
3. Vidyanand Kumar, S/o- Suraj Das Resident of village- Pokhraira, P.O.-
Gibda, P.S.- Saraiya, District - Muzaffarpur.
4. Sitaram Sah, S/o Satyanarayan Sah Resident of village Datapur, P.O.-
Basantpur Patti, P.S.- Saraiya, District- Muzaffarpur.
5. Lok Manya, Son of Raghav Patel Resident of Village- Isha chapra, P.O.-
Bangra Nizamat, P.S.- Saraiya District - Muzaffarpur.
6. Usha Kumari, W/o Kanhaiyalal Choudhary, Resident of village Basantpur
Patti, P.S.- Saraiya, District - Muzaffarpur.
7. Laliteshwar Thakur, S/o Late Baleshwar Thakur, Resident of village- Siuri
Ema, P.S.- Saraiya, District- Muzaffarpur.
8. Sheo Shankar Ram, Son of Late Sheo Balak Ram, Resident of Kuiya, P.S.-
Jaitpur, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Education Department, Govt. of Bihar,
Patna.
4. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
5. The District Education Officer, Muzaffarpur.
6. The District Programme Officer (Establishment), Muzaffarpur.
7. The District Accounts Officer, Muzaffarpur.
8. The District Treasury Officer, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Krishna Kant Singh, Adv.
For the Respondent/s : Mr. Sanjay Kumar, AC to SC 15
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 04-11-2025
Heard the parties.
2. The petitioners have approached this Court
seeking following reliefs:
"i. For issuance of an appropriate writ, order or
direction, including a writ in the nature of
Patna High Court CWJC No.16975 of 2025 dt.04-11-2025
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Mandamus, commanding the respondents to grant
the benefits of trained teachers pay-scale to the
petitioners with effect from the date they were
relieved from their respective Teacher Training
college/Institution after successful completion of
in-service teachers training with all consequential
benefits after modifying the previous order by
which petitioners were granted the benefit of
trained teacher pay scale w.e.f the date of
publication of result of their teacher training and
in some of the district similarly situated persons
have been paid the said benefit.
ii. For a direction to the Respondents to pay all
consequential monetary benefits including arrears
of salary in the trained teachers' scale, along with
interest at appropriate rate, from the date of such
entitlement till the actual date of payment, in a
time-bound manner.
iii. For issuance of a writ in the nature of
Mandamus directing the respondents to fix the
seniority of all petitioners in accordance with the
trained pay scale with effect from the date they
were relieved from their respective Training
college/Institution after successful completion of
in-service teachers training
iv. For directing the respondent to follow the Bihar
Litigation Policy wherein similar benefit to other is
to be granted if the same has been granted to
similarly situated persons.
v. For issuance of any other writ(s), order(s) or
direction(s) as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case
and in the interest of justice."
3. Adverting the facts, learned Advocate for the
Patna High Court CWJC No.16975 of 2025 dt.04-11-2025
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petitioners contended that the issue has come up for
consideration before this Court in C.W.J.C. No.16165 of 2019,
where a Bench of this Court vide order dated 09.08.2019 settled
the issue and disposed off the writ petition with a direction to
the respondents to take a final decision granting benefit of
trained scale to the petitioners with effect from the date of
completion of their teachers training as the delay in holding
examination and publication of result can not be attributed to
them. The Court underscored that one can not take advantage of
his own wrong in defeating the genuine claim of others. It is
further contended that similarly situated persons have
approached this Court by filing different writ petitions and they
have also been extended liberty to approach the concerned
authority, for trained scale upon completion of their training.
4. In view of the orders referred hereinabove, the
petitioners also approached the concerned authority; on receipt
of the representation filed on behalf of the petitioners, the
District Education Officer vide its letter No. 639 dated
30.06.2025
sought a guideline from the Director, Primary
Education, Bihar, Patna. A copy of which is also placed on
record as Anneuxre-P/7, but till date no decision has been taken.
5. Per contra, learned Advocate for the State
Patna High Court CWJC No.16975 of 2025 dt.04-11-2025
submitted that the claim of the petitioners is also to be
considered by the authorities concerned as to whether the case
of the petitioners is identical to those, who have been accorded
relief(s) or not.
6. Having heard the submissions advanced by the
learned Advocate for the respective parties, the writ petition
stands disposed off with a direction to the petitioners to file
fresh representations before the District Programme Officer
(Establishment), Muzaffarpur along with necessary documents
and other particulars in support of their claim within a period of
four weeks from today.
7. In case, such representations are filed by the
petitioners within the stipulated period, the concerned District
Programme Officer shall examine the case of the petitioners in
accordance with law, keeping in view the order dated
09.08.2019 passed in C.W.J.C. No.16165 of 2019 and dispose
off their representations after affording a hearing, if necessary,
by a reasoned and speaking order, preferably within a period of
ten weeks from the date of filing of such representation(s).
8. If the claim of the petitioners is found admissible,
necessary monetary benefit must be extended to the petitioners
within a further period of four weeks.
Patna High Court CWJC No.16975 of 2025 dt.04-11-2025
9. The writ petition stands disposed off.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 10.11.2025
Transmission Date
