Chandan Kumar Singh Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8163 of 2026

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Chandan Kumar Singh S/o Amrendra Kumar Singh, Presently Posted as Head Teacher, New Primary School, Shanti Nagar, Jamui, R/o, Mohalla Sirchand Nawada, P.S. Jamui, Distt. Jamui.

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Rahul Kumar, S/o Lalmohan Singh, Presently Posted as Head Teacher, New Primary School, Barahjata, Jamui, R/o Mohalla Shitala colony, P.S. Jamui, Distt. Jamui.

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Kajal Singh, W/o Rahul Kumar, Presently Posted as Exclusive Teacher, Upgraded Middle School, Lagma, Jamui, R/o. Village Ugnichak, P.S. Jamui, Distt. Jamui.

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Alok Kumar, S/o Bhola Prasad Sah, Presently Posted as Head Teacher, N.P.S. Pratappur Makhtab, Jamui. R/o Ward No. 29, Mohalla Nimarang, Nawada, P.S. Jamui, Distt. Jamui.

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Reshma Parween, D/o Md. Abbas, Presently Posted as Exclusive Teacher, Upgraded Middle School, Hasdih (Hindi), Jamui. R/o, Mohalla Raza Nagar, Jamui, P.S. Jamui, Distt. Jamui.

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Kumar Shivam, S/o Mahesh Kumar Singh, Presently Posted as Exclusive Teacher, Govt. Basic School, Dabilgarh, Jamui. R/o, Ward No. 08, Mohalla Sirchand, Nawada, P.S. Jamui, Distt. Jamui.

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Rishi Kesh, S/o Parshuram Mandal, Presently Posted as Exclusive Teacher, New Primary School Lotan, Jamui. R/o, Village and Post Chaura, P.S. Jamui, Distt. Jamui.

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Sujit Kumar, S/o Dinesh Kumar, Presently Posted as Exclusive Teacher, M.S. School, Nandlalpur, Munger. R/o Kallu Bada, Badi Bazar, Munger, P.S. Munger, Distt. Munger.

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Birendra Paswan, S/o Suraj Paswan, Presently Posted as Exclusive Teacher, U.M.S. School Bithalpur, Jamui. R/o Village Lakra, Post Matia, P.S. Barhat, Distt. Jamui.

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Shamin Murmu, W/o Kailash Marandi, Presently Posted as Head Teacher, N.P.S., Kanhadih, Adiwasi Tola, Jhajha. R/o, Village Kumaini, Post Rajia, Jhajha P.S. Jhajha, Distt. Jamui.

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Kundan Kumar, S/o Makeshwar Pandey, Presently Posted as Exclusive Teacher, Primary School, Murbariya, Purvi Tola, Pipariya, Lakhisarai. R/o, Village Pawai, P.S. Suryagarha, Distt. Lakhisarai.

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Naveen Kumar, S/o Jitendra Prasad, Presently Posted as Exclusive Teacher, Primary School, Madanpur, Suryagarha. R/o, College Road Bartalla, Kali Sthan, Suryagarha, P.S. Suryagarha, Distt. Lakhisarai.

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Ashish Kumar, S/o Nirmal Kumar, Presently Posted as Head Teacher, Primary School, Mogalwa, Jhajha, Jamui. R/o, 59A, Telwa Bazar, P.S. Simultala, Distt. Jamui.

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Sanjay Kumar Sahu, S/o Gulab Sahu, Presently Posted as Head Teacher, Primary School, Pachena, Lakhi Sarai. R/o, Dharamraichak, Lakhisarai P.S. Lakhisarai, Distt. Lakhisarai.

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Pramod Kumar Baranwal, S/o Kedar Lal Baranwal, Presently Posted as

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Head Teacher, Primary School, Purvi Khairan, Jhajha, Jamui. R/o, Meena Bazar, Madhupur, Ward No. 20, P.S. Madhupur, Distt. Deoghar, Jharkhand.

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Sujit Kumar, S/o A. K. Lal Baranwal, Presently Posted as Head Teacher, Primary School, Oraia, Jhajha, Jamui. R/o, Village Telwa Bazar, P.S. Simultala, Distt. Jamui.

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Arjun Das, S/o Tezo Das, Presently Posted as School Teacher, U.M.S. Channawar, Khaira, Jamui. R/o, Village Chariya, Post Telwa Bazar P.S. Simultala, Distt. Jamui.

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Ranjit Pandit, S/o Jagdish Pandit, Presently Posted as Exclusive Teacher, U.M. School, Jagadih, Chakai, Jamui. R/o, Village Phuljora, P.S. Chandan, Distt. Banka.

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Sukhdeo Saw, S/o Bachchu Saw, Presently Posted as Head Teacher, N.P.S. Bhraiti, Aliganj, Sikandara, Jamui. R/o, Village Dighaout, P.S. Sikandara, Distt. Jamui.

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Nand Kishor Prasad, S/o Saukhi Prasad, Presently Posted as Exclusive Teacher, U.M.S. Dighaout, Aliganj, Sikandara, Jamui. R/o, Village Dhanama, P.S. Aliganj, Distt. Jamui.

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Pankaj Kumar, S/o Daso Mahto, Presently Posted as Head Teacher, N.P.S, Sahsran, Sikandara, Jamui. R/o, Village Pursanda, P.S. Lakhisarai, Distt. Lakhisarai.

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Rajeev Kumar Ranjan, S/o Babu Lal Prasad, Presently Posted as Exclusive Teacher, U.M.S., Dighaout, Aliganj, Sikandara, Jamui. R/o, Village Lohra, P.S. Jamui, Distt. Jamui.

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Sanjay Kumar Paswan @ Sanjay Kumar, S/o Bishnu Deo Paswan, Presently Posted as Exclusive Teacher, U.M.S. Rampur Ghosh, Sikandara, Jamui. R/o, Village Mahadev Simaria, P.S. Sikandara, Distt. Jamui.

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Raj Kumar, S/o Devendra Kumar, Presently Posted as Head Teacher, N.P.S., Domanpur Mandir Ke Pass, Jamui. R/o, Bombay Colony, Naya Tola Bihari P.S. Jamui, Distt. Jamui.

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Mannu Kumar Sharma, S/o Chando Sharma, Presently Posted as Exclusive Teacher, U.M.S. Pathak Chak, Sikandara, Jamui. R/o, Village Mahadev Simaria, P.S. Sikandara, Distt. Jamui.

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Rupesh Kumar Singh, S/o Jawahar Prasad Singh, Presently Posted as Head Teacher, N.P.S. Maanpur Tand, Sikandara, Jamui. R/o, Naya Tola Bihari, Station Road, Jamui, Naya Tola, Bihar, Jamui P.S. Jamui, Distt. Jamui.

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Abhishek Kumar Singh Ahishek, S/o Panchanan Singh, Presently Posted as Exclusive Teacher, U.M.S., Kaithwara, Sikandara Jamui. R/o, Village Daulatpur, Jamui P.S. Jamui, Distt. Jamui.

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Pawan Kumar Pandey, S/o Ram Krishna Pandey, Presently Posted as Exclusive Teacher, U.M.S. Asahana, Chakai, Jamui). R/o, Village Ratanpur, P.S. Gidhaur, Distt. Jamui.

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Alok Kumar Singh, S/o Radha Raman Singh, Presently Posted as Exclusive Teacher, U.M.S. Mahadev Simaria Urdu, Sikandara, Jamui. R/o, Village Ratanpur, P.S. Gidhaur, Distt. Jamui.

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Narendra Kumar Pandey, S/o Ram Nagina Pandey, Presently Posted as Exclusive Teacher, U.M.S., Acharyadih, Sikandara, Jamui. R/o, Village

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Jorar, Kaimur, P.S. Ramgarh, Distt. Kaimur.

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Sanjay Kumar Pandit, S/o Jagannath Pandit, Presently Posted as Head Teacher, N.P.S., Tal Saharsa Musahari, Sikandara, Jamui. R/o, Village Mahadev Simaria, P.S Sikandara, Distt. Jamui.

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Ashfaque Alam, S/o Md. Khursid Alam, Presently Posted as Head Teacher, N.P.S. Rawat Tola, Ghughuldih, Barhat, Jamui. R/o, Village Bahira, P.S. Barhat, Distt. Jamui.

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Sujit Kumar, S/o Late Satish Prasad, Presently Posted as Head Teacher, N.P.S., Dhobia Pokhar, Nimarang, Jamui. R/o, Tola Purani Bazar, Jamui, P.S. Jamui, Distt. Jamui.

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Shankar Kumar Yadav, S/o Mohan Prasad Yadav, Presently Posted as Exclusive Teacher, U.M.S., Naraiyna, Khaira, Jamui. R/o. Village Amari, P.S. Khaira, Distt. Jamui.

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Umesh Sharma, S/o Jageshwar Sharma, Presently Posted as Exclusive Teacher, N.P.S., Thekahi, Khaira, Jamui. R/o, Sharma Tola Singarpur, P.S. Khaira, Distt. Jamui.

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Madhuri Kumari Baranwal, W/o Sunil Prasad, Presently Posted as Exclusive Teacher, M. S., Daulatpur, Jamui. R/o, Purani Bazar, Jamui P.S. Jamui, Distt. Jamui.

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Uttam Kumar Rao, S/o Chandrika Rao, Presently Posted as Exclusive Teacher, K.U.M.S., Bhachhiyar, Jamui). Ro, Village Bandhaura, P.S. Gidhaur, Distt. Jamui.

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Bibha Kumari, w/o Awdhesh Kumar Tanti, Presently Posted as Exclusive Teacher, U.M.S., Patneshwar, Musahari, Barhat, Jamui. R/o, Village Bahadurpur, P.S. Lachhuar, Distt. Jamui.

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Deepak Kumar, S/o Upendra Mandal, Presently Posted as Exclusive Teacher, U. M. S., Bhimayn, Khaira, Jamui). R/o, Village Jituadih P.S. Khaira, Distt. Jamui.

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Bittu Kumar Singh, S/o Nilay Nirupam, Presently Posted as Head Teacher, P. S. Mania Mushahri, Sagrampur, Munger. R/o, Village Durgapur, Chandpura P.S. Sangrampur, Distt. Munger.

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Shivshankar Mandal, S/o Anirudh Mandal, Presently Posted as Exclusive Teacher, U. M. S., Pasia, Belhar, Banka. R/o, Near Kaali Sthan, Sripur, Jhikuli, P.S. Sangrampur, Distt. Munger.

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Manoj Kumar, S/o Ramjee Yadav, Presently Posted as Head Teacher, U. P. S. Lodipur B.M.C, Sabaur, Bhagalpur. R/o, Village Sondiha, P.S. Shambhuganj, Distt. Banka.

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Rajan Kumar, S/o Vinod Kumar, Presently Posted as Head Teacher, U. P. S. Makhna Urdu, Jagdispur, Bhagalpur. R/o, Village Bhadriya, P.S. Amarpur, Distt. Banka.

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Md. Shahnawaj Alam, S/o Md. Mustaqueem Alam, Presently Posted as Exclusive Teacher, M. S. Tarapur, Munger. R/o, Village Kasba, P.S. Shambhuganj, Distt. Banka.

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Abhishek Kumar, S/o Sanjay Choudhary, Presently Posted as Exclusive Teacher, M. S., Kurmi Tola, Jhauwa Bahiyar, Bariyarpur, Munger. R/o, Village Fulkiya, P.S. Bariyarpur, Distt. Munger.

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Sumit Kumar, S/o Rajeshwari Prasad Mandal, Presently Posted as Exclusive Teacher, U. M. S., Mananpur, Lakhisarai. R/o, Village Churaman Bigha, P.S. Lakhisarai, Distt. Lakhisarai.

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Md. Naushad Ansari, S/o Md. Shahadat Ansari, Presently Posted as Head Teacher, U.P.S., Balamchak, Banka. R/o, Village Singarpur, P.S. Dhoraiya, Distt. Banka.

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Shahabuddin, S/o Md. Samimmuddin, Presently Posted as School Teacher, Urdu U.M.S., Parihar, Banka. R/o, Village Rabbidih, P.S. Dhoraiya, Distt. Banka.

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Deepshikha, D/o Vijay Kumar Saha, Presently Posted as Head Teacher, P.S., Dostani, Manjhla, Goradih, Bhagalpur. R/o, Village Virpur, P.S. Virpur, Distt. Supaul.

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Kumar Pritam, S/o Karamchari Prasad Yadav, Presently Posted as Head Teacher, P.S., Lakshmipur (Anusuchit Jati), Barahat, Banka. R/o, Village Gurudwar, P.S. Barahat, Distt. Banka.

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Md. Ekramul Haque, S/o Md. Suleman Numani, Presently Posted as Exclusive Teacher, P.M.S. Majhli Kushaha, Phulidumar, Banka). R/o, Village Saguniya, P.S. Dhoraiya, Distt. Banka.

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Suman Kumari, W/o Shyam Narayan Prasad, Presently Posted as Exclusive Teacher, U.M.S., Khairma, Jamui. R/o, Village Mahisauri, P.S. Jamui, Distt. Jamui.

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Shiv Kumar, S/o Vijay Sah, Presently Posted as Exclusive Teacher, A.M.S Belhar, Banka, Banka. R/o, Village Vijay Nagar, P.S. Banka, Distt. Banka.

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Mritunjay Kumar Yadav, S/o Hakko Prasad Yadav, Presently Posted as Exclusive Teacher, N.P.S. Mohammad Nagar, Banka. R/o, Village Sondiha, P.S. Shambhuganj, Distt. Banka.

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Kundan Kumar, S/o Kailash Pandit, Presently Posted as Head Teacher, P.S. Ahara Mushari, Jamalpur, Munger. R/o, Sitakund, Hasanpur, P.S. Muffasil, Munger, Distt. Munger.

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Ajay Kumar, S/o Ramchandra Mandal, Presently Posted as Head Teacher, P.S., Khushalpur, Barahat, Banka. R/o, Masudanpur, P.S. Barahat, Distt. Banka.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Additional Chief Secretary, Education Department, Govt. Of Bihar, Patna.

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The Director, Primary Education, Education Department, Govt. Of Bihar, Patna.

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The District Education Officer, Jamui, Distt. Jamui.

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The Disttrict Programme Officer, Establishment, (Education), Jamui, Distt. Jamui.

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The District Education Officer, Lakhisarai, Distt. Lakhisarai.

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The District Programme Officer, Establishment, (Education), Lakhisarai, Distt. Lakhisarai.

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Patna High Court CWJC No.8163 of 2026(2) dt.22-06-2026 5/10

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The Disttrict Education Officer, Munger, Distt. Munger.

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The District Programme Officer, Establishment, (Education), Munger, Distt. Munger.

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The Disttrict Education Officer, Banka, Distt. Banka.

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The Disttrict Programme Officer, Establishment, (Education), Banka, Distt. Banka.

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The Disttrict Education Officer, Bhagalpur, Distt. Bhagalpur.

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The Disttrict Programme Officer, Establishment, (Education), Bhagalpur, Distt. Bhagalpur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Santosh Kumar, Adv. For the Respondent/s : Mr. Additional Advocate General (5) ======================================================

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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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“1. For issuance of a writ in the nature of

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Mandamus or any other appropriate writ/order/direction to the respondent authorities to consider and grant the benefits (Grade Pay) of trained teacher to the petitioners since the date of completion of two years inservice teachers training course of Diploma in Elementary Education (In short D.El.Ed.) in Sessions 2014-16, 2015-17 and 2016-18 (Faceto-Face/Regular) and all the petitioners have passed their examinations on 19.01.2019 in the result published by the Bihar School

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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 monetary benefits like arrears of differences of salary as-well-as seniority since the due date of completion of the teachers training to all the petitioners according to the Order/Judgment dated 09.08.2019 passed in C.W.J.C. No 16165 of 2019, Order dated 01/02/2021 passes in CWJC no -7938 of 2020 and also in the light of Order/Judgment dated 28.02.2024 passed in C.W.J.C. No 1894 of 2021 passed by Honorable Coordinate Bench of this Honorable Court.

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III. For grant of any other relief / reliefs for which the Petitioners are entitled in the facts and circumstances of the case.”

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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 with much delay in the month of October, 2018 due to laches on the part of the respondent State

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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 Co-ordinate 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 Others (supra) case. On the other hand, they have

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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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It is further submitted that against the order passed by the Hon’ble Division 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 concerned 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 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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