Patna High Court
Amit Kumar vs The State Of Bihar on 16 January, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4854 of 2020
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1. Amit Kumar Son of Sri Amarendra Kumar Sharma, Resident of Village-
Dabchhu Korar, Police Station-Basantpur, District-Siwan, at present Primary
Teacher (Basic Grade), Middle School, Jamsikri, Block-Siwan Sadar,
District-Siwan.
2. Mukesh Kumar Singh, Son of Sri Awadh Bihari Singh, Resident of at
Khurmabad, Police Station-Siwan (Muffasil), District-Siwan, at present
Primary Teacher (Basic Grade), Middle School, Sarawe Mathiya, Block-
Siwan Sadar, District-Siwan.
3. Surendra Kumar, Son of Sheo Ram, Resident of Chitragupt Nagar, Police
Station-Siwan (Muffasil), District-Siwan, at present Primary Teacher
(Graduate Grade), Middle School, Badka Manjha, Block-Mairwa, District-
Siwan.
4. Arun Kumar Gupta, Son of Dhanpal Gupta, Resident of Village-Parariya,
Police Station-Siwan (Muffasil), District-Siwan at present Primary Teacher
(Basic Grade), Navin Primary School, Siyadi Harijan Tola, Block-Siwan
Sadar, District-Siwan.
5. Arzu Perween, Daughter of Shami Ahmad, Resident of at Purana Kila,
Police Station-Siwan, District-Siwan, at present Primary Teacher (Graduate
Grade), Middle School, Bindusar Bujurg Block-Pachrukhi, District-Siwan.
6. Asia Prvin, Daughter of Aftab Alam, Resident of at near Darogaine Maszid,
Sheikh Muhalla, Police Station-Siwan, District-Siwan, at present Primary
Teacher (Graduate Grade) Middle School, Gothi (Kanuya), Block-Ziradei,
District-Siwan.
7. Varun Kumar Giri, Son of Sharmanand Giri, Resident of Village-Dindyalpur,
Police Station-G.B. Nagar (Tarwara), District-Siwan, at present-Primary
Teacher (Basic Grade) Navin Primary School, Bhimpur, Block-Barharia,
District-Siwan.
8. Satyendra Prasad, Son of Ram Ratan Prasad, Resident of Village-Surwaliay,
Police Station-Barharia, District-Siwan, at present-Primary Teacher (Basic
Grade) Navin Primary School, Aalapur, Block-Barharia, District-Siwan.
9. Biresh Kumar Manjhi, Son of Umashankar Manjhi, Resident of Village-
Gopalpur, Police Station-Barharia, District-Siwan, at present-Primary
Teacher (Basic Grade) Navin Primary School, Barsara, Block-Barharia,
District-Siwan.
10. Shashi Shekhar, Son of Munilal Yadav, Resident of Village-Chandauli,
Police Station-Goreakothi, District-Siwan, at present-Primary Teacher
(Basic Grade) Middle School, Harpur, Block-Goreakothi, District-Siwan.
11. Riya Kumari, Daughter of Suresh Kumar Choudhary, Resident of at
Mahadeva Mission, Police Station-Siwan (Muffasil), District-Siwan, at
present-Primary Teacher (Basic Grade) Primary School, Kalinjra, Block-
Siwan Sadar, District-Siwan.
12. Ranju Kumari, Daughter of Sri Shivnath Prasad, Resident of Village-
Hanumanpuri Ke Mathiya, Police Station-Darauli, District-Siwan, at
present-Primary Teacher (Basic Grade) Primary School, Ghatailla, Block-
Patna High Court CWJC No.4854 of 2020 dt.16-01-2025
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Aandar, District-Siwan.
13. Amarjeet Kumar Yadav, Son of Mushafir Yadav, Resident of Village-
Hathawa, Police Station-Hussainganj, District-Siwan, at present-Primary
Teacher (Basic Grade) N.P.S. Rakhat Tola Panchayat-Kharsanda, Block-
Hussainganj, District-Siwan.
14. Kumari Anshu, Daughter of Ashok Kumar Chaturvedi, Resident of at Anand
Nagar, Police Station-Siwan Town, District-Siwan, at present-Primary
Teacher (Basic Grade) Middle School Karnpura Tole, Basospali, Block-
Siwan Sadar, District-Siwan.
15. Shyam Sundar Das, Son of Nand Jee Ram, Resident of Village-Bhagar,
Police Station-Siswan, District-Siwan, at present-Primary Teacher (Graduate
Grade) Middle School, Parariya, Block-Siwan Sadar, District-Siwan.
16. Pinky Kumari, Daughter of Shree Durga Sah, Resident of At Shardhanand
Bazr, Police Station-Siwan (Town), District-Siwan, at present-Primary
Teacher (Graduate Grade) Middle School, Basopali, Block-Siwan Sadar,
District-Siwan.
17. Afsana Parween, Daughter of Abdul Rab, Resident of at Purana Quila,
Police Station-Siwan (Town), District-Siwan, at present-Primary Teacher
(Graduate Grade) Middle School, Mahual Urdu, Block-Hussainganj,
District-Siwan.
18. Asma Parveen, Daughter of Munna Hazam, Resident of at Village-Tetaria,
Police Station-Hussainganj, District-Siwan, at present-Primary Teacher
(Basic Grade) Middle School, Luhasi Khurd, Block-Siwan Sadar, District-
Siwan.
19. Amritesh Kumar, Son of Keshav Dubey, Resident of Village-Bhimpur,
Police Station-Barharia, District-Siwan, at present-Primary Teacher
(Graduate Grade) Middle School, Dharthawalia, Block-Pachrukhi, District-
Siwan.
20. Kumari Neha Soni, Daughter of Rajeshwar Deo Upadhya, Resident of
Village-Sisai, Police Station-Barauli, District-Gopalganj, at present Primary
Teacher (Basic Grade), N.P.S. Dhoda Tola, Block-Barauli, District-
Gopalganj.
21. Kumari Swati, Daughter of Surendra Kumar Prasad, Resident of Village-
Tarwa Parasiya, Police Station-Guthani, District-Siwan, at present-Primary
Teacher (Basic Grade) Middle School, Baghara, Block-Siwan Sadar,
District-Siwan.
22. Amit Kumar, Son of Ravindra Sah, Resident of Village-Thepahan
Purwanchal, Police Station-Ziradei, at present Primary Teacher (Basic
Grade), Middle School, Nauwapali, Block-Siwan Sadar, District-Siwan.
23. Krishna Kumar Prasad, Son of Dudhnath Prasad, Resident of Village-
Mairwadham, Police Station-Mairwa, District-Siwan at present Primary
Teacher (Basic Grade), Government Primary School, Maidaniya, Block-
Mairwa, District-Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
Patna High Court CWJC No.4854 of 2020 dt.16-01-2025
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2. The Department of Education, Primary Education through its Principal
Secretary, Government of Bihar, Patna.
3. The Director, the Primary Education, Government of Bihar, Patna.
4. The Director, Research and Training Department, Government of Bihar,
Patna.
5. The Bihar School Examination Board, Patna through its Chairman, Patna.
6. The Department of Finance, Government of Bihar, Patna through its
Secretary.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Raghav Prasad, Advocate.
Mr. Alok Kumar, Advocate.
For the State : Mr.Madhaw Prasad Yadaw, GP-23.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 16-01-2025
Heard Mr. Raghav Prasad, learned counsel along
with Mr. Alok Kumar, learned counsel appearing on behalf of
the petitioners and Mr. Madhaw Prasad Yadaw, learned GP-23
for the State.
2. The petitioners in paragraph no. 1 of the present
writ petition have sought, inter alia, following relief(s), which is
reproduced hereinafter:-
"1. That this, application is being filed for
the issuance of writ/ writs, order/ orders, command/
commands, direction/ directions and for the issuance of writ
in the nature of mandamus directing the Respondent
Authorities to grant benefit of the pay band of trained
teachers from the date of completion of training of the
Primary TET passed untrained teachers appointed under
3rd Primary Teacher Employment 2012 with a direction to
the Respondent Chief Secretary, Government of Bihar to
consider and frame out the scheme for payment of trained
Teacher Scale from the date of relieving from the training
institution drifting the date of grant of trained teacher scale
from the date of passing of the examination conducted by
Bihar School Examination Board, Respondent, petitioners
further pray for a direction to the Respondent no. 3, 4 and 6
Patna High Court CWJC No.4854 of 2020 dt.16-01-2025
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to grant and assure the pay bank of trained teacher scale to
the members of petitioners Teacher Association and other
petitioners from the date of relieve/release from training
institute after completion of 2 years training an restrained
not to act upon to release or grant the trained teacher scale
to these trained teachers from the date of result as per
notification, petitioners further pray for a direction to
competent Respondent Authorities to follow the direction
taken by the Education Department in Sanchika No. 11/B1-
08/2013-1530
Patna dated 11 August 2015 in view of
Decision taken in Column 2.8 by which it has been taken in
decision regarding trained teacher who had completed 2
years training meaning thereby 2 years in service are
entitled for pay band and trained teacher scale, petitioners
further pray for a direction to Respondent no. 2 and 4 to
abide by the Principle of service jurisprudence in cadre of
promotion and seniority not effected by a common
examination of 3 Sessions i.e. 2014-16, 2015-17 and 2016-
18 whose Examination was held from 27.10.2018 onwards
and result were published analogously published on
19.01.2019 in view of no fault of the member of petitioners
Association who were initially selected and appointed as
untrained primary teachers, petitioners further pray to
restrained the Respondent Authorities not to act in
accordance to their whim in view of decision taken by them
vide letter no. 3/M- 2-5-PE.PU-01-99/3805/LI.0(2),
Government of Bihar, Department of Finance, Patna dated
25.06.1999 issued under signature of Special Secretary,
Government of Bihar with a direction to follow the Letter
dated 25.06.1999 in totality for interest of the employee for
grant of salary in the effect of grant in light of decision
rendered by this Hon’ble court in CWJC No. 16165 of 2019
the petitioners are entitled for the salary of trained teachers
scale from the date of relieving from the training institute,
petitioners further pray for grant and release the arrear of
salary after grant of trained teacher salary (with grade
pay) with effect from the date of relieve from the training
institute after adding the additional (difference amount) of
trained Teachers scale and these petitioners be granted of
any other relief/relives for which these found entitled in the
facts and circumstances of this case be also given.”
3. Learned counsel appearing on behalf of the
petitioners informs that the grievance of the petitioners is
covered by the judgment passed in C.W.J.C. No. 7938 of 2020
(Manoj Kumar & Ors. Vs. The State of Bihar & Ors). Learned
Patna High Court CWJC No.4854 of 2020 dt.16-01-2025
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counsel further informs that similarly situated teachers had
approached this Court by filing C.W.J.C. No. 16165 of 2019
(Kishor Kumar and Others v. The State of Bihar and Others), in
which, inter alia, following order has been passed:
“If there is no dispute that the petitioners were sent
for training in academic sessions 2013-15 and the course
was completed in May, 2017, there is no reason to deny the
benefit of trained scale to these petitioners with effect from
May, 2017 when the course was completed as the
petitioners have completed their training but for the reason
best known to the respondents the examination was not held
in time and the result was published belatedly along with
the junior batch.
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 receipt/production of a copy of this
order.
With the aforesaid, the writ petition stands disposed
of.
4. Based on the said decision, learned counsel has
sought mandamus for granting similar relief to the petitioner
considering that L.P.A. No. 502 of 2021 (The State of Bihar &
Ors. Vs. Abdus Samad) has been filed by the State against the
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order dated 11.04.2018 passed in C.W.J.C. No. 7322 of 2017
which was withdrawn by the State vide order dated 08.07.2022
and M.J.C. No. 1704 of 2023 was preferred for modification of
the order dated 08.07.2022 which has also been dismissed vide
order dated 06.10.2023. The petitioner seeks similar relief as has
been directed by this Court to the petitioners of C.W.J.C. No.
7322 of 2017.
5. Per contra, learned counsel appearing on behalf
of the State informs that the order passed in C.W.J.C. No. 7938
of 2020 and order passed in C.W.J.C. No. 16165 of 2019 will
not be applicable in the case of the petitioners in view of the fact
that there is no delay in taking examination of the petitioners for
the session 2015-17, for which immediately examination was
held without delay on 27.10.2018 and result has already been
published on 19.01.2019.
6. Heard the parties.
7. Having heard the rival submissions made on
behalf of the parties, as well as, the statement made in Para-13
to 17 of the counter affidavit in which respondents have relied
on a Division Bench Judgment passed in L.P.A. No. 1699 of
2013 (Kranti Kanak & Ors. Vs. The State of Bihar & Ors.), in
which after discussing the case of the several petitioners, the
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Division Bench has finally concluded in Para-13, which is, inter
alia, as follows:
“13. In order to save injustice and protect the
rights of the petitioners/appellants, we would, thus, hold
that the judgment of the learned Single Judge would
continue to operate. The petitioners/appellants would be
entitled to Matric trained scale from the day they completed
the two years module. In other words, they would be
deemed to be Matric trained teachers from the time the
results were declared in respect of the two years course of
IGNOU subject to their clearing six months course as later
prescribed. They would not be treated as Matric trained
either for the purposes of seniority or for financial benefits
from the date they finally completed the six months course
in the year, 2014 because all that delay was caused by the
State in which petitioners/appellants have no role to play.”
8. In the present case, the petitioners had taken
training for the session 2015-17 and completed in May 2017 and
after much delay their examination was conducted on
27.10.2018 and result was published on 19.01.2019. Hence, the
petitioners would be entitled to matric trained scale from the
date they completed two years module. The authority may
consider the case of the petitioners to grant similar relief.
9. The writ petition stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R. CAV DATE N.A. Uploading Date 22.01.2025 Transmission Date N.A.
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