Ashok Kumar Pathak Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8124 of 2026

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Ashok Kumar Pathak S/o Shri Rama Shankar Pathak, R/o Village and P.O. -Saidpur Dighwara, P.S. - Dighwara, District - Saran.

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Chandan Kumar Gaurav, S/o Rajendra Pd Chaudhary, R/o Village Akbar Malahi Sarai, P.O. - Sarai, P.S. - Sarai, District - Vaishali.

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Ranveer Paswan, S/o Ramnaumi Paswan, R/o Village P.O. Gauspur Ezra, P.S. Hajipur (Sadar), District - Vaishali.

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Parwez Ahmad, S/o Mahmood Alam, R/o Village Mukundpur Mahua, P.O. and P.S. Mahua, District - Vaishali.

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Anupama Kumari, D/o Naresh Chandra Thakur, R/o Village and P.O. Pindaruch, P.S. - Komtoul, District - Darbhanga.

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Satya Prakash Kumar, S/o Ram Chandra Ray, R/o Village Mukundpur, P.O. Sarai, P.S. Sarai, District - Vaishali.

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Bindu Kumar Jha, S/o Krishna Chandra Jha, R/o At B.N.R. Road, Psthrighat, Gulzarbag, P.S. Alamgang, District Patna.

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Shipra Kumari, D/o Ram Rajya Prasad, R/o Village and P.O. -Makdampur, P.S. - Puraini, District - Madhepura.

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Md Ejaz Alam, S/o Md Zafar Hussain, R/o Village Mufti Mohalla, P.S. Nagar Hajipur, District - Vaishali.

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Ajay Pratap Azad, S/o Azad Chandrika Prasad, R/o Village and P.O. Taiyavpur Mahanar, P.S. - Desari, District - Vaishali.

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Santosh Choudhary, S/o Rajnandan Choudhary, R/o Village - Andari, P.O. Jaitiya, P.S. - Gaurichak Fathua, District - Patna.

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Aditya Kumar Thakur, S/o Bhulan Thakur, R/o At Station Road Mahnar, P.O. and P.S. Mahnar, District - Vaishali.

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Vinay Kumar Das, S/o Rajendra Ram, R/o Village - Fatehabad Borhan, P.O. Gurmiya, P.S. - Sarai, District - Vaishali.

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Baidyanath Prasad Singh, S/o Ramesh Prasad Singh, R/o Village and P.O. Rajpur Jaunapur, P.S. Mohanpur, District Samastipur.

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Karuna Kumari, D/o Dinanath Jha, R/o At - Vivekanand Marg Road No 2, West Patel Nagar Patna, District - Patna.

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Asha Kumari, D/o Shiv Chandra Sharma, R/o Village - Bishunpur Indu, P.O. and P.S. Sarai, District - Vaishali.

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Rajeev Ranjan Singh, S/o Ram Brind Singh, R/o At - Chanda Kunj East of Aprajita Apartment, B.H.C. Sector 7, Patna, P.S. -Kankarbagh, District - Patna.

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Ranjit Kumar, S/o Singeshwar Prasad Gupta, R/o Village - Chakhamida P.O. Senduari, P.S. Hajipur (Sadar), District -Vaishali.

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Nibha Kumari, D/o Ashok Kumar Bhagat, R/o Village Boring Road, Patna, P.S. Buddha Colony, District - Patna.

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Anita Kumari, D/o Sarikhan Prasad, R/o At Vasudev Enclave Block-C Main Road Kankarbagh, P.S. Kankarbagh, District - Patna.

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Patna High Court CWJC No.8124 of 2026(2) dt.22-06-2026 2/8

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Smriti Kumari, D/o Vijay Paswan, R/o Village Jadhua, Barai Tola, Jagdammas Than, P.O. and P.S. Industrial Area Hajipur, District - Vaishali.

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Rekha Kumari, D/o Ram Narayan Thakur, R/o At Swawlambi Residency, B- 310 Daud Bigha, Kankarbag, H. Main Road, Patna, P.S. - Kankarbagh, District - Patna.

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Mukul Kumar, S/o Nawal Kishor Pd Srivastava, R/o Village - Pokhara Mohalla, R.N. College Road, Hajipur, P.S. Hajipur Town, District - Vaishali.

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Saroj Kumar Das, S/o Biswnath Das, R/o Village Pachai Mubarak, P.O. -Basara, P.S. - Rajapakar, District - Vaishali.

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Lakshman Kumar, S/o Chetan Paswan, R/o Village - Enayat Nagar, P.O. and P.S. - Goraul, District - Vaishali.

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Jyoti Kumari, D/o Shri Jitendra Prasad, R/o Village and P.O. and P.S. Tisiouta, District - Vaishali.

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Mukesh Kumar Ray, S/o Vishwanath Ray, R/o Village and P.O - Panapur Langa, P.S. - Hajipur (Sadar), District - Vaishali.

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Aditee Kumari Kanauzia, D/o Amod Prasad, R/o Village Khatrichak Kanhuli, P.O. and P.S. Mahua, P.S. Mahua, District Vaishali.

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Chandra Prabha, D/o Nathuna Paswan, R/o Village Basdihan, P.S. Karaghar, District - Rohtas.

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Prabhawati Kumari, D/o Vijay Sinha, R/o At Magarhatta Masjid Chock, Hajipur, P.S. Hajipur Town, District - Vaishali.

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Vikas Kumar, S/o Ranjit Singh, R/o Village Harpur Kasturi, P.S. Bhagwanpur, District - Vaishali.

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Shivchandra Roy, S/o Jalim Roy, R/o Village and P.O. Mirzanagar, P.S. -Mahua, District - Vaishali.

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Nisha Kumari, D/o Birendra Kumar Pandey, R/o Village and P.O. - Bajitpur Kartar, P.S. - Patepur, District - Vaishali.

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Jwala Kumar, S/o Late Jagarnath Choudhary, R/o Village and P.O. Panapur Dharampur, P.S. - Bidupur, District - Vaishali.

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Anima Pandit, D/o Ram Nath Pandit, R/o Village and P.O. Saidpur Rajauli, P.S. Hajipur (Sadar), District - Vaishali.

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Alok Anand, S/o Yugeshwar Prasad Deepak, R/o Village Jadhua, P.S. Nagar Hajipur, District - Vaishali.

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Madhusmita, D/o Krishna Kumar, R/o Village Kwari Buzurg, P.O. -Hajipur, P.S. Ganga Bridge Hajipur, District Vaishali.

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Vikram Kumar, S/o Shashilal Rajak, R/o Village - Bagmusa, P.O. and P.S. -Hajipur, District - Vaishali.

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Brajesh Kumar, S/o N K Sharma, R/o Village Rampur Ratnakar URF Sarsai, P.O. - Sarai, P.S. Sarai, District - Vaishali.

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Archna Kumari, D/o Surendra Kumar Verma, R/o Village Naya Tola Hajipur, P.S. - Hajipur Town, District - Vaishali.

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Jyoti Jagrity, D/o Surendra Prasad Singh, R/o Village and P.O. Kubauliram, P.S. Bangra, District - Samastipur.

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Patna High Court CWJC No.8124 of 2026(2) dt.22-06-2026 3/8

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Reebha Kumari, D/o Paras Nath Mahto, R/o Village and P.O. Bedauliya, P.S. Jandaha, District - Vaishali.

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... ... Petitioner/s

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Versus

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1. The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

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The Secretary, Education Department, Government of Bihar, Patna.

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The Director, Primary Education, Education Department, Government of Bihar, Patna.

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The District Education Officer, Patna, District - Patna.

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The District Education Officer, Vaishali, District Vaishali.

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The District Education Officer, Muzaffarpur, District -Muzaffarpur.

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The District Programme Officer, Establishment (Education), Patna, District - Patna.

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The District Programme Officer, Establishment (Education), Vaishali, District - Vaishali.

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The District Programme Officer, Establishment (Education), Muzaffarpur, District - Muzaffarpur.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate Mr. Mukesh Kumar Singh, Advocate Mr. Ananjay Kumar, Advocate Mr. Shivam Kumar, Advocate For the Respondent/s : Mr. K. P. Gupta, GP (10) Mr. Virendra Kumar, AC to GP-10 ======================================================

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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2 22-06-2026 Heard learned counsel for the petitioner and learned

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counsel for the State.

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The instant writ petition has been filed for the following relief:

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“(i) For issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction to the respondent authorities to consider and grant the monetary benefits (Grade Pay) of trained teacher to the petitioners since the

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Patna High Court CWJC No.8124 of 2026(2) dt.22-06-2026 4/8

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date of Relieving after completion of two years inservice teachers training course of Diploma in Elementary Education (In short D.El.Ed.), Faceto-Face/Regular Course in Sessions 2015-17 and 2016-18 and all the petitioners have passed their examinations on 19.01.2019 in the result published by the Bihar School Examination Board, Patna.

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(ii) Further, for issuance of a writ in the nature of Mandamus or any other appropriate writ/order/direction to the respondents to grant all the benefits like arrears of differences of salary aswell-as seniority since the due date of completion of the teachers training course of D.El.Ed. to all the petitioners according to the Order/Judgement dated 01.02.2021 passed in C.W.J.C. No 7938 of 2020 (Manoj Kumar and others V/s The State of Bihar and others) which has been upheld vide Order/Judgement dated-03.04.2025 passed in L.P.A. No - 456 of 2021 passed by Hon'ble Division Bench of this Hon'ble Court and has also been affirmed vide Order/Judgement dated 15.01.2026 passed in S.L.P. (Civil) Diary No(s) 66035/2025 by Hon'ble Apex Court, and also in the light of several other Orders/Judgements (Annexure - P/10 and P/12) passed by Hon'ble Coordinate Benches of this Hon'ble Court.”

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Learned counsel for the petitioners submits that the petitioners have completed their in-service teachers training course of Diploma in Elementary Education (Face-toFace/Regular) course in Sessions 2015-17 and 2016-18 and they completed their course of in-service teachers training in the years 2017 and 2018 itself and the final examination of the said Sessions were conducted in the month of October, 2018 due to

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Patna High Court CWJC No.8124 of 2026(2) dt.22-06-2026 5/8

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laches on the part of the respondent State authorities and there was no lapses on the part of the petitioners and, therefore, they are entitled to grant of such benefits of grade pay of trained teachers in the light of the judgment rendered by the Coordinate Bench of this Court in the case of Kishor Kumar and Others Vs. The State of Bihar & Ors. (CWJC No. 16165 of 2019) from the date of completion of their in-service teachers training courses.

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It is next submitted that the issues have already been put at rest relying upon the judgment passed by the Coordinate Bench rendered in the case of Kishor Kumar ( supra ), a detailed order has been passed in the case of Manoj Kumar & Ors. Vs. State of Bihar & Ors. (CWJC No. 7938 of 2020 ), which squarely covers the case of these petitioners.

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It is next submitted that against the order passed by the Co-ordinate Bench, the State authorities have preferred appeal before the Hon’ble Division Bench by filing LPA No. 456 of 2021 (The State of Bihar & Ors. Vs. Manoj Kumar & Ors.) and the Hon’ble Division Bench has affirmed the order passed by the Co-ordinate Bench of this Court, which is being reproduced herein below:-

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“-----5. It is to be noted that appellantsState have not preferred LPA in Kishor Kumar and

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Patna High Court CWJC No.8124 of 2026(2) dt.22-06-2026 6/8

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Others (supra) case. On the other hand, they have not taken note of specific words in the Kishor Kumar and Others (supra) to the following extent:-

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"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 date of receipt/production of a copy of this order".

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Underline Supplied

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6. In this backdrop, appellants cannot take decision of notional benefits when the order is very specific to the extent that necessary decision in this regard with all consequential monetary benefits must be taken by the Director. The same decision has been passed in number of cases including the present case. The appellants have taken their own time to publish the result with reference to completion of training course in the month of May, 2017. For no fault on the part of the respondents, denial of certain service and monetary benefits on behalf of the appellants would be arbitrary, therefore, the appellants have not made out a case so as to interfere with the impugned order of the learned Single dated 01.02.2021 passed in passed in CWJC No. 7938 of 2020.”

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Patna High Court CWJC No.8124 of 2026(2) dt.22-06-2026 7/8

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It is further submitted that against the order passed by the Hon’ble Divisio in Bench in LPA No. 456 of 2021 in the case of Manoj Kumar ( supra ), the State authorities have moved before the Hon’ble Apex Court by filing Special Leave Petition (Civil) Diary No(s) 66035 of 2025 and the Hon’ble Apex Court has also declined to interfere with the impugned order. Accordingly, the Special Leave Petition preferred by the State got dismissed.

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On the other hand, counsel for the State submits that since the issues have already been adjudicated and put at rest, therefore, all the petitioners may be directed to file individual representation, giving their service profile with all supportive materials before the District Education Officer, Vaishali within a period of six weeks from today and, on filing of such representation with all supportive materials and the judgments referred herein above, it is expected that the District Education Officer, Vaishali shall consider the grievances of the petitioners and on finding their claim to be justified in law and as also in consonance with the parameters fixed by the Hon’ble Courts in the judgment rendered in the case of Manoj Kumar ( supra ), necessary order shall be passed within a further period of eight weeks and if the petitioners are found entitled to such

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benefits, the same shall also be extended to them within the same period, as stated above.

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