Disposed

Digvijay Narayan Singh v. The State of Bihar

Patna HC20 Dec 2019CWJC/25586/2019

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by block teachers. The petitioners challenged their belated in-service training caused by discrimination. The court disposed of the petition in similar terms as an earlier order, directing the Director, Primary/District Education to grant the trained scale benefits from the date of training completion (May 2017) within sixty days.

What did the court decide?

Directed the Director, Primary Education/District Education to consider the petitioners' cases and grant the benefit of the trained scale from the date of completion of training, payable with effect f

Digvijay Narayan Singh Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25586 of 2019

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======================================================

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Digvijay Narayan Singh S/o Shri Ganesh Kumar Singh R/o Manpur Jahangir, P.O.-Mirpur Jauwara, P.S.-Doriganj, Dist.-Saran, Pin-841211, Presently Posted as Block teacher at Upgraded Middle School, Manpur Jahangir, Block-Sadar Chapra, Dist.-Saran.

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Deenbandhu Gandhi S/o Mithilesh Singh R/o Manpur Jahangir, P.O.-Mirpur Jauwara, P.S.-Doriganj, Dist.-Saran, Pin-841211, Presently Posted as Block teacher at Upgraded Middle School, Manpur Jahangir, Block-Sadar Chapra, Dist.-Saran.

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RajeshRoushan, S/o Shri Ladhli Sharan Prasad Srivastava R/o At Husse Chapra (Near Dhala no.44) P.O.-Chapra P.S.-Chapra Town District-saran, Pin-841301, Presently Posted as Block Teacher at Upgraded Middle School, Shivrahiya, Block, Sadar Chapra, Dist.-Saran.

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RANJEET KUMAR S/o Shri Lakshmi Lal Ray R/o Village-Sundarpur, P.O.Pojhi Yoga Parsa, Sundarpur Parsa, Saran Pin-841219, At Presently Posted at Primary School Kutubpur, Block, Chapra, Sadar Dist.-Saran.

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Md. Sahimuddin S/o Md. Sohabat Ali, R/o At-Hewantpur, P.O.-Dighwara, P.S.-Dighwara, Dist.-Saran, Presently Posted as Panchayat Teacher at G.P.S. Dharampura, Block, Chapra Sadar,Dist.-Saran.

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Sunita Kumari Wife of Shri Rajnath Prasad R/o Jalalpur P.O.-Rasulpura, P.S.-Dorioganj,Dist-Saran Pin-841211, Presently Posted as Block Teacher at Upgraded Middle School, Manupur Jahangir Block-Chapra Sadar Dist.Saran.

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Biresh Kumar Pandey Son of Shri Parmeshwar Pandey R/o VillageSabalpur, P.O.-Kotawapatti Rampur, P.S.-Doriganj, Dist-Saran, PIn-841211. Presently Working as teacher at Schedule Caste Primary School Khawaspur Block Chapra Sadar, District-Saran.

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Dilip KUmar Singh Son of Shri Loknath Singh R/o At Rothore Tola, P.O.Gurukul Mehiya, Dist.-Saran. PIn-841302. Presently Workin asPanchayat teacher at Navsrjit Primary School Basadhi Dakshin Tola, Block-Chapra Sadar, Dist-Saran.

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Shailesh Kumar S/o Shri Tulsi Prasad, R/o at Huse Chapra P.O. and P.S.Chapra, Dist.-Saran PIn 841301, Presently Posted as Block Teacher at Upgraded Middle School, at Chakiya, Chapra Sadar Dist.-Saran.

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Raj KUmari W/o Shri Shailesh Kumar R/o at Chapra P.O.-Chapra Town Dist-Saran Pin 841301. Presently Posted as Block Teacher at Upgraded Middle School, Gheghata Chapra Sadar Dist.-Saran.

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Bimlesh KUmar Prasad S/o Shri Ramashankar Prasad R/o Village-Basadhi, P.O.-Gurukul Mehia Purwari Telpa, P.S.-841302. Presently Posted as Panchayat Teacher at Navsirjit Primary School, Singahi, Ward no. 16, Chapra Sadar, Dist.-Saran.

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Ashok Kumar Sono f Shri Baidhyanath Ray, R/O Village-Singhi Tola, P.O.Mehrauli P.S.-Doriganj, Dist.-Saran, Pin-841211, Presently Posted as Panchayat Teacher at Primary School,Singahi Diyara Block Chapra Sadar, Saran

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Patna High Court CWJC No.25586 of 2019(2) dt.20-12-2019 2/6

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Anil Kumar Ram Son of Shri Janak Ram R/o Vilage- Ismailpur P.O. and P.S. -Doriganj, Dist-Saran, PIn-841211 Presently Posted as Panchayat Teacher at Primary School, Singahi Diyara, Block Chapra Sadar, Saran.

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Sonam Kumari W/o Shri Rajesh KUmar Sah R/o Village-Singahi, P.O.Mehrauli, P.S.-Doriganj Dist-Saran Pin 841211. Presently Posted as Panchayat Teacher at Primary School Singahi Diyara Block, Chapra Sadar Saran.

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Dinesh Kumar S/o Shri Manik Chand Sah R/o at and P.O.-Amar Chapra, P.S.-Town Thana Chapra Dist.-Saran Pin 841414. Presently Posted as Block Teacher at Upgraded Middle School, Amar Chapra, Sadar Dist.-Saran.

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Asha KUmari W/o Shri Nirmal KUmar Gupta R/o Village- Lohachha, P.O.Sutihar, P.S.-Derani, Dist-Saran PIn-841222 Presently Posted as Block Teacher at Middle School, Derani Dariyapur Saran.

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Devanti Kumari W/o Shri Anil KUmar Ram R/o Village-Fursatpur, P.O.Sutihar P.S.-Derni Dist-Saran, Pin-841222, Presently Posted as Block teacher at Middle School, Derani, Dariyapur, Saran.

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Rekha KUmari W/o Shri Pravin KUmar R/o Mohalla-Sahebganj Butanbari P.O. and P.S.-Chapra Town, Dist-Saran, Pin-840301, Presently Posted as Block Teacher at Upgraded Middle School, Magaidih Chapra Sadar.

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Guria Kumari W/o Shri Amit Kumar R/o At and P.O.-Bishunpura P.S.Chapra Sadar Dist-Saran Pin 841211, Presently Posted as Block Teacher at Upgraded Middle School, Sivarahiyan, Sadar, Chapra.

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Nilu KUmari W/o Shri Rajiv Kumar Singh R/o At and P.O.-Bishunpura P.S.Chapra Sadar Dist-Saran, Pin-841211, Presently Posted as Block Teacher at Arjun Singh Middle School, Bishunpura, Chapra.

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Usha Singh W/o W/o Shri Satyendra Kumar Singh R/o At and P.O.Bishunpura P.S.-Chapra Sadar Dist-Saran Pin 841211, Presently Posted as Block Teacher at Upgraded Middle School, Shivrahiyan, Chapra Sadar. Dist.-Saran.

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Rina Kumari W/o Shri Sunil KUmar R/o At-Daulatganj P.O. and P.S.Bhagwan Bazar Dist.-Saran Pin 841301, Presently Posted as Primary School, Karinga, Mushehari, Block Chapra Sadar Saran.

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Shila KUmari D/o Shri Chandradeo Yadav R/o At ramlila Mathiya Chapra P.O. and P.S.-Bhagwan Bazar Dist-Saran Pin 841301 Presently Posted as Block Teacher at Upgraded Middle School, Magaidih Block Chapra Sadar. Chapra.

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Bhupendra Sharma Son of Shri Kedar Sharma, R/o Village-Manpur Jahangir, P.O.-Mirpur Juwra, P.S.-Doriganj, Dist Saran, PIn-841216, Presently Posted as Block Teacher at Upgraded Middle School, Rasulpura, Saran.

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Rakesh Thakur S/o Hiralal Thakur R/o At Bhikhari Thakur Ashram at and P.O.-Doriganj, Dist.-Saran, Pin 841211, Presently Posted as Panchayat Teacher Primary School, Kutubpur Chapra Sadar.Saran.

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Sushila Kumari W/o Shri Ashok Sah R/o Village-Kutubpur P.O.-Kotwapatti Rampur, P.S.-Kotwapatti Rampur, Dist-Saran, Pin-841211. Presently School Kutubpur Sadar Chapra, Saran.

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Patna High Court CWJC No.25586 of 2019(2) dt.20-12-2019 3/6

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Ramawati Devi @ Ramawati Kumari W/o Shri Sanjay Ray R/o MohallaBichala Telpa, P.S.-Chapra Sadar Dist.-Saran PIn 841301, Presently Posted as Panchayat Teacher at Primary School, Kutubpur Chapra Sadar, Saran.

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Asha Kumari D/o Shri Dharmanath Sah R/o Village-Rasulpur, P.O.-Dumari Adda, P.S.-Doriganj, Dist.-Saran PIn 841216, Presently Posted as Block Teacher at Upgraded Girls Middle School, Rasulpur, Tikulia Tola, Saran.

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Sandhya Kumari W/o Shri Chandrashekhar Singh R/o Village-Awadhpura, P.O.-Gultenganj, P.S.-Muffasil, Dist-Saran, Presently Posted as Panchayat Teacher at Primary School, Kutubpur Chapra Saran.

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Archana Anand W/o Shri Arjun Prasad R/o Village-Rasulpur, P.O.-Dumari Adda, P.S.-Doriganj, Dist-Saran, Pin-841216, Presently Posted as Block Teacher at Upgraded Girls Middle School, Rasulpur, Tikulia Tola, Saran.

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Sanjay Kumar Yadav S/o Shri Jhauri Ray R/o Village-Hematpur Manpur P.O.-Dighwara, P.S.-Dighwara, Dist-Saran, Pin-841207, Presently Posted as Block Teacher at Upgraded Middle School, Suratpur Diyara, Sadar Chapra, Saran.

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Achelal Paswan S/o Shri Prayag Manjhi R/o Village-Rasalpura, P.O.Rasalpura, P.S.-Doriganj, Dist-Saran PIn-841211. Presently Posted as Panchayat Teacher at Nav Srijit Primary School, Sabalpur Diyara, Saran.

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Sanjay KUmar S/o Ramnath Ray R/o Village Kutubpur P.O.-Kotwapatti Rampur, P.S.-Doriganj, Dist-Saran, Pin-841211 Presently Posted as Panchayat Teacher at Primary School, Sadar Chapra, Saran.

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Anil KUmar Manjhi S/o Dinanath Manjhi R/o Village-Santha, P.O.-Naraw P.S.-Awtar Nagar, Dist-Saran PIn-841216, Presently Posted as Block Teacher at Upgraded Middle School, Rasulpur Tikulia Tola, Sadar Chapra, Saran.

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Rinki Kumari W/o Shri Munna Prasad R/o Village-Awadhpura P.O.Goldenganj, P.S. Chapra, Muffasil, Dist.-Saran PIn 841211, Presently Posted as Panchayat Teacher at Govt. Primary School School, Doriganj, Sadar Block, Saran.

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Vidyawati KUmari W/o Umesh Prasad R/o Village- Jalalpur P.O.-Rasulpura, P.S.-Doriganj, Distt.-Saran Pin-841211, Presently Posted as Block Teacher at Middle School, Pachbhinriya, Circle Garkha, Dist.-Saran.

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Nilam KUmari W/o Shri Dilip KUmar R/o Village and P.O.-Narawn, P.S.Awatar Nagar, Dist-Saran, pin-841216.

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Vinay KUmar S/o Tulsi Prasad R/p Village-Husse Chapra, P.O.-Chapra P.S.Chapra Town, Dist-Saran, Pin-841211, Presently Posted as Panchayat Teacher Piprani, Gorkha, Saran.

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Rekha KUmari W/o Brajesh KUmar R/o Village-Rahar Diyara, P.O. and P.S.-Sonpur, Dist.-Saran, Pin-841101, Presently Posted as Panchayat Teacher PIpri, Gorkha,Saran.

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Satya Prakash KUmar, S/o Shri Yogendra Prasad R/o Village- Kajpur P.O.Rasalpura, P.S.-Doriganj, Dist.-Saran Pin 841211, Presently Posted as Block Teacher at Upgraded Middle School, Jilkabad, Garkha, Saran.

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Shashi Priya KUmari C/o Gautam Mishra R/o Village-Gora, P.O.Khajubattin P.S.-Manjhi, Dist-Saran Pin-841209, Presently Posted as

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Patna High Court CWJC No.25586 of 2019(2) dt.20-12-2019 4/6

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Panchayat Teacher at Govt. Primary Naya Tola Bhatta, Block,Manjhi, Saran.

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Amar Kumar S/o Sri Surendra Prasad R/o Village-Balwan Tola, P.O.Kotwapatti Rampur,P.S.-Doriganj, Dist.-Saran Pin-841211, Presently Posted as Block Teacher at Upgraded Middle School, Balwan Tola, Block Sadar Chapra, Dist-Saran.

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Mukti Nath Thakur S/o Kamakhya Thakur R/o Village-Sabalpur, P.O.Kotwapatti Rampur, P.S.-Doriganj, Dist-Saran, Pin-841211, Presently Posted as Block Teacher at Upgraded Middle School, Balwan Tola, Block Sadar Chapra, Dist,.-Saran.

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Yasmin Khatoon, D/o Abdul latif Ansaari R/o Ward No. 38, (Chhota Telpa Takiya) P.O.-Sahebganj P.S. Chapra Town, Dist.-Saran, Presently Posted as Panchayat Teacher at Upgraded Urdu Middle School, Bishunpura, Block Sadar Chapra, Dist.-Saran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna

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The Finance Secretary, Government of BIhar, Patna.

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The Director, Primary Education, Government of BIhar, Patna.

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The Regional Deputy Director of Education, Saran at Chapra.

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The District Education Officer, Saran at Chapra.

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The District Programme Officer (Establishment) Saran at Chapra.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shashi Shekhar Tiwary, Advocate For the Respondent/s : Mr.Jai Prabhat Kishore, AC to SC 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 20-12-2019 Heard learned counsel for the petitioners and the

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State.

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The grievance of the petitioners in the instant case is that on account of discrimination by the respondents, the petitioners were sent for in service training belatedly and as such they cannot be made to suffer.

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This issue was considered by this Court in CWJC No.

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Patna High Court CWJC No.25586 of 2019(2) dt.20-12-2019 5/6

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16165 of 2019 and on 09.08.2019 following order was passed.

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“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

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Patna High Court CWJC No.25586 of 2019(2) dt.20-12-2019 6/6

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receipt/production of a copy of this order.” In view of the above, the present writ petition stands

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disposed of in similar terms.

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(Anil Kumar Upadhyay, J)

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spandey/-

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Digvijay Narayan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Digvijay Narayan Singh v. The State of Bihar

Case brief

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What did the court decide?

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