Patna High Court - Orders
Sunil Kumar Prasad vs The State Of Bihar on 24 March, 2026
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3889 of 2026
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Sunil Kumar Prasad Son of loate Ramjalesh Ram, Resident of Villoage-
Ramnagar, Post Office- Balahu, Police Station- Darauli, District- Siwan. At
present posted and working as Graduate Trained Teacher in Govt. Upgraded
Middle School Kharadara, Anchal- Andar, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The Regional Deputy Director of Education, Saran Division, Chapra.
5. The District Education Officer, Siwan.
6. The District Programme Officer (Establishment), Siwan.
7. The Block Education Officer, Andar, District- Siwan.
8. The District Accounts Officer, Siwan.
9. The District Treasury Officer, Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr. Prabhat Kumar Verma, AAG-3
Ms. Divya Verma, AC to AAG-3
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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 24-03-2026Heard learned counsel for the petitioner and learned counsel for the State.
2. The instant writ application has been filed for the following reliefs:-
(i) For directing the respondent authorities concerned to shift the date of grant of matric trained pay scale of the petitioner since 01.10.2003 in light of the order passed by this Hon'ble High Court in CWJC No.2892 of 2013 (Brajesh Kumar & Ors. vs. the State of Bihar & Ors.) which has been affirmed by the Division Bench of this Court in LPA No.1870 of 2015 (The State of Bihar & Ors Patna High Court CWJC No.3889 of 2026(2) dt.24-03-2026 2/4 vs. Brajesh Kumar & Ors.) on 17.01.2018 and the same has also been affirmed by the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No (s). 28314/2018 (The State of Bihar & Ors. vs. Brajesh Kumar & Ors.) whereby, the teachers, who could not pass in one or two papers in the examination conducted in the year 2004 by the Bihar School Examination Board, Bihar, Patna and appeared and passed the said examination in the year 2007 and the result published in the year 2008 on the basis of marks of 2004 and 2007, have been treated to have passed the teachers training in first attempt itself and monetary benefits have been directed to be given since 01.10.2003.
(ii) For directing the respondent authorities concerned to consider the case of the petitioner for shifting the date of grant of matric trained pay scale since 01.10.2003 in the light of the aforesaid orders passed by this Hon'ble Patna High Court in CWJC No.2892 of 2013 (Brajesh Kumar & Ors. vs. the State of Bihar & Ors.), which has been affirmed by the Division Bench of this Court in LPA No.1870 of 2015 (The State of Bihar & Ors vs. Brajesh Kumar & Ors.) on 17.01.2018 and the same has also been affirmed by the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No (s). 28314/2018 (The State of Bihar & Ors. vs. Brajesh Kumar & Ors.) and grant same and similar benefits as has been granted to the aforesaid writ petitioners, namely, Brajesh Kumar and Others under Bihar Litigation Policy, 2011 Rule 4 (C)(1).
(iii) For directing the respondent authorities to dispose of the representation of the petitioner by reasoned and speaking order by ventilating his genuine grievances for grant of matric trained pay scale since 01.10.2003, as has been given to other similarly situated teachers in light of the orders referred to above.
Patna High Court CWJC No.3889 of 2026(2) dt.24-03-2026 3/4
(iv) For any other relief(s) for which the petitioner would be entitled in the facts and circumstances of the case.
3. Learned counsel for the petitioner submits that the petitioner is entitled to the matric trained pay scale w.e.f. 01.10.2003 in light of the judgment rendered by this Court in CWJC No. 2892 of 2013 (Brajesh Kumar & Ors. vs. The State of Bihar & Ors.), which has been approved by the Division Bench of this Court in LPA No. 1870 of 2015 (The State of Bihar & Ors. vs. Brajesh Kumar & Ors.) vide order dated 17.01.2018, and the same has also been affirmed by the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No(s). 28314/2018 (The State of Bihar & Ors. vs. Brajesh Kumar & Ors.). He further submits that the petitioner obtained the teachers training course for the session 1999-2000 through Primary Teachers Training College, Siwan, and the examination for the said training was conducted in the year 2004.
4. Learned counsel for the State submits that if the petitioner's claim for the matric trained pay scale w.e.f. 01.10.2003 is found justified, then after examining the bona fides of the petitioner, directions may be given to the authorities concerned may be directed to adjudicate his claim strictly in consonance with the parameters laid down by the coordinate Patna High Court CWJC No.3889 of 2026(2) dt.24-03-2026 4/4 Bench in CWJC No. 2892 of 2013, as approved by the Division Bench in LPA No. 1870 of 2015 vide order dated 17.01.2018, and affirmed by the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No(s). 28314/2018.
5. Considering the submissions of the parties, this Court finds it appropriate to direct the petitioner to file a detailed representation before the District Education Officer, Siwan, for redressal of his grievances within a period of four weeks from today. Upon receipt of the same, the District Education Officer, Siwan, is directed to adjudicate the claim of the petitioner strictly in terms of the parameters fixed by the learned Single Judge, the Hon'ble Division Bench, and the Hon'ble Supreme Court within a period of twelve weeks thereafter.
6. Needless to say, the benefits for which the petitioner is found entitled in law upon adjudication of his claim shall be extended in his favour within the same time frame.
7. With the aforesaid observations and directions, the instant writ application stands disposed of.
(Ajit Kumar, J) shikha/-
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