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Patna High Court

Durg Manghe vs The State Of Bihar on 9 September, 2025

Author: Harish Kumar

Bench: Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14763 of 2025
     ======================================================
1.    Durg Manghe S/o Kaushal Kishor Upadhyay, R/o Krishnapuri Colony Near
      IBT College, P.S- Model Thana Buxar, District- Buxar presently posted as
      Teacher in NPS Bithalpur, District- Buxar.
2.   Kiran Kumari, W/o Ramashrya Singh, R/o Village- Dulaur, P.O- Dulaur,
     P.S.- Jagdishpur, District- Bhojpur, presently posted as teacher in Primary
     School, Pipradh, Brahmapur, District- Buxar.
3.   Shweta Pandey, D/o Rajendra Pandey, R/o Village and P.O- Unwans P.S.-
     Itarhi, District- Buxar, presently posted as teacher in Rajkiya Buniyadi
     Vidyalaya, Unwans, Itarhi, District- Buxar.
4.   Karunakar Singh, S/o Sri Ambika Prasad Singh, R/o Village and P.O-
     Dullahpur, District- Buxar, presently posted as Block Teacher in Middle
     School, Basudeva Nawanagar, District- Buxar.
5.   Neetu Singh, W/o Shri Vijay Bahadur Singh, R/o Bir Kunwar Singh Colony,
     Charitavan, District- Buxar, presently posted as teacher in Middle School
     Chanda, District- Buxar.
6.   Jarina Khatoon, W/o Shamshad Ahmed, R/o Village- Gajadharganj, P.O-
     Gajraj, Station Road, District- Buxar, presently posted as teacher in Middle
     School, Koch Baksara, District- Buxar.
7.   Shobha Kumari, D/o Shambhu Nath Dwivedi, R/o- Village- Pandeypatti,
     P.O- Pandeypatti, District- Buxar, presently posted as Block Teacher in
     Middle School Diwan Ke Barkagaon, Itarhi, District- Buxar.
8.   Khushboo Kumari Upadhyay, W/o Dinesh Kumar Upadhyay, R/o Sohani
     Patti, District- Buxar, presently posted as teacher in Middle School
     Nawadera, Dumraon, District- Buxar.
9.   Nikhat Tabassum, D/o Abdul Hafiz, R/o Ishwar Singh Ki Gali Dumraon,
     District- Buxar, presently posted as Block Teacher in Acharya Narendra Dev
     Middle School, District- Buxar.
10. Imteyaz Ali, S/o Md. Faruque, R/o Village- Bithwan Rasulpur, P.O-
    Babhnaul P.S- Dawath, District- Rohtas, presently posted as teacher in
    Middle School, Atimi Nawanagar, District- Buxar.
11. Priyanka Kumari, D/o Brajesh Kumar Rai, R/o Village- Chotka Nuaon, P.O-
    Buxar Jail, District- Buxar, presently posted as Panchayat Teacher in
    Primary School, Pokharha, District- Buxar.
12. Amit Kumar Rai, S/o Satish Chandra Rai, R/o Village and P.O- Arjunpur,
    District- Buxar, presently posted as Block Teacher in Middle School Sikraul,
    Chausa, District- Buxar.
13. Namrata, D/o Anil Kumar Singh, R/o Village and P.O- Kukurha, Itarhi,
    District- Buxar, presently posted as teacher in N.Primary School, Kukurha,
    Itarhi, District- Buxar.
14. Krishna Kumar Rai, S/o Duje Indranath, R/o Village-Rampur. P.O.- Rampur,
    Block- Chausa, District-Buxar, presently posted as teacher in Middle school,
    Hakarpur, Rajpur, District-Buxar.
15. Anoj Kumar, S/o Ramvilas Singh, R/o Village-Taraitha, P.O.-Taratha,
 Patna High Court CWJC No.14763 of 2025 dt.09-09-2025
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        District-Kaimu, presently posted as teacher in Primary School Khaidaye
        District-Buxar.
  16. Kumari Madhu Lata, W/o Late Dinesh Kumar, R/o Kishori Niketan, Jai
      Prakash Nagar, Jakkanpur, Phulwari Sharif P.O.- GPO Patna, P.S.-Jakkanpur,
      presently posted as teacher in Primary school, Deopur Tola, Giridhar,
      Baraon, Nawanagar, District-Buxer.
  17. Vandana Kumari, W/o Ashok Kumar Sharma, R/o Village Jehanabad, P.O.
      Saho Bigha, District -Jehanabad, presently posted as teacher in middle
      School Pratap Sagar, Dumraon, District- Buxar.
  18. Nitin Kumar, S/o Ram Jag Prasad, R/o Chhotaki Sarimpur, near Kali Mandir
      road, District- Buxar presently posted as teacher in Middle School,
      Nawadera dumraon, District- Buxar.
  19. Pinki Rai, W/o Bhagwati Prasad Rai, R/o Village- Pandey Patti, P.O.-Pandey
      Patti, District- Buxar, presently posted as teacher in Middle School, Jaso,
      District -Buxar.
  20. Soni Kumari, W/o Anjani Kumar, R/o Sohani Patti, District - Buxar,
      presently posted as Teacher in Girls Middle School, Nagpura Simri, District
      - Buxar.
  21. Anil Kumar Gupta, S/o Satya Narayan Prasad, R/o Ara Begampur, Ward No-
      33, District- Bhojpur, presently posted as Teacher in Middle school Satohari,
      Nawanagar, District - Buxar.
  22. Bihari Ram, S/o Ramakant Ram, R/o Maa Dumrejanee Colony, Dumraon,
      District Buxar, presently posted as Teacher in Middle School, Nandan
      Dumraon, District - Buxar.
  23. Pammy Kumari, D/o Indra Deo Pandey, R/o Charitravan, District Buxar,
      presently posted as Teacher in K.P.S, Dalsagar, District Buxar.
  24. Ashutosh Rai, S/o Ram Nath Rai, R/o Village Chhata Baradhi, P.O Pajraon,
      District - Kaimur, presently posted as Teacher in M.S. Keshopur, District -
      Buxar.
  25. Koaleshwar Yadav, S/o Hari Narayan Yadav, R/o Village- Puliya, P.O Puliya,
      District - Buxar, presently posted as Teacher in Middle School Keshopur,
      District - Buxar.
  26. Sunita Rai, D/o Hari Narayan Rai, R/o Village- Pipradh, P.O Hethua Rajpur,
      P.S. Rajpur, District Buxar, presently posted as Block Teacher in Middle
      School Barka Gaon, Simri, District Buxar.
  27. Vikas Singh, S/o Janak Deo Singh, R/o Mohalla-Civil Line, Punjabi
      Mohalla, District-Buxar, presently posted as teacher in Middle School,
      Dullahpur, Purvi Patti, Simri, District-Buxar.
  28. Shashi Kant Singh, S/o Jai Narayan Singh, Village and P.O-Kukudha P.S-
      Itarhi, District-Buxar, presently posted as teacher in Middle School,
      Devasthapur, itarhi, District-Buxar.
  29. Dhanjee Kumar Singh, S/o Bharat Singh, R/o Village Chakki, Bhola Dera,
      District-Buxar, presently posted as Block Teacher in Middle School, Chakki,
      Visheshwar Dera, District-Buxar.
  30. Poonam Kumari, D/o Ram Ekbal Prasad, R/o Village- Dumraon, P.O.-
      Dumraon, District-Buxar, presently posted as teacher in Girls Middle
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        School, Dumrao, District-Buxar.
  31. Santosh Kumar Yadav, S/o Late Ram Vyas Yadav, R/o Village-Jawhi Diar,
      P.O.-Balua, District- Buxar, presently posted as Exclusive Teacher in
      Elevated Primary School, Tekman Ke Dera, Simri, District-Buxar.
  32. Payal Jayswal, W/o Pintu Kumar, R/o Village Nalband Toli District- Buxar,
      presently posted as Block Teacher in Middle School, Harikishunpur District-
      Buxar.
  33. Santosh Kumar Maurya, S/o Manik Chand Maurya, R/o Village- Virat
      Nagar, P.O.-Gajadharganj District- Buxar, presently posted as Block Teacher
      in Middle School Chhotka, Dhakaich District-Buxar.
  34. Kamalakar Kumar, S/o late Ram Parikha Rai, R/o Village and P.O.-Diyaman
      Via Arak, District- Buxar, presently posted as Block Teacher in Middle
      School, Diya Parmeshwar, Simri, District-Buxar.
  35. Satish Kumar Tiwary, S/o Shri Vishnu Deo Tiwary, R/o Village and P.O.-
      Bariswan District- Bhojpur, presently posted as Block Teacher in Elevated
      High School, Chhotka Sihanpura District-Buxar.
  36. Prabha Kumari, D/o Late Harihar Prasad Pathak, R/o Village Sikshak
      Colony Charitravan District- Buxar, presently posted as Block Teacher in
      Elevated Middle School, Katharkhurd, District-Buxar.
  37. Puja Kumari, D/o Late Jai Narayan Rai, R/o Village- Puliya, District- Buxar,
      presently posted as Block Teacher in Middle School, Vishrampur, District-
      Buxar.
  38. Veenita, D/o Vijay Shankar Rai, R/o Ward no.-16, Near Kali Asthan
      Golumbar District-Buxar, presently posted as Block Teacher in Middle
      School District-Buxar.
  39. Munna Lal Chaudhary, S/o Moti Chandra Chaudhary, R/o Village- Kauru
      Dhauru P.O.-Manjhi, District-Saran, presently posted as Block Teacher in
      Kanya Middle School, Raghunathpur, District-Buxar.
  40. Sanjeev Kumar Jaiswal, S/o Kamta Prasad Jaiswal, R/o Mohalla- Civil
      Lines, Buxar Ward no.-31 P.O.- Buxar District- Buxar, presently posted as
      Exclusive Teacher in Middle School, Baruna, District-Buxar.
  41. Manisha Roy, D/o Hridya Narayan Rai, R/o Village- Simri Khairapatti, P.O-
      Simri District- Buxar, presently posted as Panchayat Teacher in Primary
      School, Khaira Paschim (Simri) District-Buxar.
  42. Dinesh Tiwary, S/o Indrasan Tiwary, R/o Village- Barki Nainojor, District-
      Buxar, presently posted as Block Teacher in Middle School, Barki Nainojor
      District-Buxar.
  43. Alok Kumar Rai, S/o Haridwar Rai, R/o Village- Mishrawaliya, Kamarpur
      District- Buxar, presently posted as Panchayat teacher in Primary School,
      Gyanichak Rajpur, District-Buxar.
  44. Shri Nath Yadav, S/o Brij Bihari Yadav, R/o Village- Chakki Laxman Dera
      P.O.-Chakki, District- Buxar, presently posted as Block Teacher in Middle
      School Sapahi, District-Buxar.
  45. Vimal Kumar Verma, S/o Alagoo Ram, R/o Village and P.O.- Damodarpur
      Jigni District- Bhabhua presently posted as Block Teacher in Middle School,
      Chhotki Nainijor District-Buxar.
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  46. Anil Kumar Anand, S/o Uma Shankar Prasad, R/o Village and P.O.-Bhadar
      P.S Sikraul District- Buxar, presently posted as Block Teacher in Middle
      School, Basudhar, Itarhi, District-Buxar.
  47. Pravin Kumar Rai, S/o Ramji Rai, R/o Village and P.O.- Arjunpur, P.S-
      Industrial Area District- Buxar, presently posted as Block Teacher in Middle
      School, Rangi Dra Chakki, District-Buxar.
  48. Pramod Singh, S/o Gopal Singh, R/o Village- Nawadera P.O.-Purana
      Bhojpur, P.S-Dumrao District- Buxar, presently posted as Panchayat Teacher
      in Boys Primary School, Niyajipur, District-Buxar.
  49. Mamta Kumari, W/o Rajiv Ranjan Singh, R/o Village- Chhotaki Shrimpur
      P.O.-Buxar, P.S-Model Town District- Buxar, presently posted as Block
      Teacher in Middle School, Dullahpur, East, District-Buxar.
  50. Pushpanjali Pandey, D/o Dhiraj Tiwary, R/o Law College P.O-Buxar P.S.-
      Model Town District- Buxar, presently posted as Panchayat Teacher in
      Primary School, Geruabandh District-Buxar.
  51. Mukesh Singh, S/o G.N Singh, R/o Village-Balua, P.O.-Kamarpur P.S-Buxar
      Mufassil, District- Buxar, presently posted as Teacher in High School,
      Sujayatpur District-Buxar.
  52. Arjun Kumar Singh, S/o Anant Kumar Singh, R/o North of B.B High School
      field, Civil Lines Vipra Nagar, District- Buxar, presently posted as Teacher
      in NPS School, Bind Toli, Belaur District-Buxar.
  53. Sanjeev Kumar Tiwari, S/o Akshayabar Tiwari, R/o Village and P.O-Barki
      Nainojor, District- Buxar, presently posted as Teacher in Elevated High
      School, Mahuar Brahmpur District-Buxar.
  54. Md. Nafish, S/o Abdul Rashid, R/o Village- Sohani Patti District- Buxar,
      presently posted as Block Teacher in Middle School, Kukuraha Itarhi,
      District-Buxar.
  55. Poonam Kumari, D/o Siyaram Singh, R/o Village and P.O-Majhariya,
      District-Buxar, presently posted as Exclusive Teacher in Primary School,
      Balapur, District-Buxar.
  56. Anita Singh, D/o Ravindra Nath Singh, R/o Village- Purva, P.O.- Brahmpur,
      District- Buxar, presently posted as Teacher in Rajkiya Buniyadi Vidyalaya,
      District-Buxar.
  57. Anil Kumar Gupta, S/o Bhikhari Prasad, R/o Village- Rajpur Navrang Ray
      ke Dera District- Buxar, presently posted as Block Teacher in Kanya Middle
      School, Gayaghat District-Buxar.
  58. Anand Kumar Singh, S/o Daya Shankar Singh, R/o Village- Pandey patti
      District-Buxar, presently posted as Block Teacher in Middle School, Jamauli
      Rajpur, District-Buxar.
  59. Ashwini Kumar, S/o Ramjee Pandey, R/o Mahatma Gandhi Nagar Bazar
      Samiti Road, P.O.-Gajadharganj District- Buxar, presently posted as Block
      Teacher in Middle School, Tiway Chausa District-Buxar.
  60. Vijay Kumar, S/o Mahendra Prasad, R/o Village- Swetnagar Dhobi Ghat,
      District- Buxar, presently posted as Block Teacher in Middle School,
      Dullahpur Purvi Patti Simri District-Buxar.
  61. Ashok Kumar Yadav, S/o Shambhu Nath Yadav, R/o Village- Kutchahri Tola
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        Khawaspur, Ara District- Bhojpur presently posted as Block Teacher in
        Kanya Middle School, Dihari Chausa District-Buxar.
  62. Satyendra Kumar Rai, S/o Din Bandhu Rai, R/o Vishwamitra Colony
      Golumber, P.O-Sarimpur District- Buxar, presently posted as Block Teacher
      in Middle School, Jamauli Rajpur, District-Buxar.
  63. Vikash Kumar, S/o Raj Kumar Singh, R/o Civil Line, Buxar District- Buxar,
      presently posted as Block teacher in Middle School, Khandricha District-
      Buxar.
  64. Md. Tajul Maurif Khan, S/o Md. Shajid Khan, R/o Village and P.O.-
      Nayabhojpur District- Buxar, presently posted as Block Teacher in Urdu
      Middle School, Parsiyan, District-Buxar.
  65. Divya Rai, W/o Jitendra Kumar Rai, R/o Muni Brahmrishi Colony
      Sumeshwar Asthan District- Buxar, presently posted as Panchayat Teacher in
      N.P.S Kamarpur, District-Buxar.
  66. Md. Hafijur Rahman, S/o Mumtaz Khan, R/o Village- Naya Bhojpur,
      District- Buxar, presently posted as Block Teacher in Elevated High School,
      Nawanagar, District-Buxar.
  67. Ruchi Thakur, D/o Ravindra Nath Thakur, R/o Village- Nayi Bazar District-
      Buxar, presently posted as Block Teacher in Balika Madhya Vidyalaya,
      Chausa, District-Buxar.
  68. Dilip Kumar Upadhyay, S/o Ramakant Upadhyay, R/o Vipra Nagar Civil
      Line District- Buxar, presently posted as Panchayat Teacher in Primary
      School, Mangolpur District-Buxar.
  69. Santosh Kumar Chaudhary, S/o Ramjee Prasad, R/o Mallah Toli P.O.-Buxar
      District- Buxar, presently posted as Block Teacher in Elevated High School,
      Sonbarsha, District-Buxar.
  70. Mamteshwari Singh, W/o Rohit Kumar, R/o Village- J.K Krasak Kendra P.C
      College, District- Buxar, presently posted as teacher in R.B.V Unwas Itarhi,
      District-Buxar.
  71. Pankaj Kumar, S/o Ashok Kumar, R/o Amlatoli Main Road District- Buxar,
      presently posted as Panchayat Teacher Primary School, Madva, District-
      Buxar.
  72. Dipti Ranjan, D/o Krishna Kumar Singh, R/o Village- Dhhabachhuan P.O.-
      Sikrol lakh, P.S-Nawanagar District- Buxar, presently posted as Panchayat
      Teacher in Primary School, Bhartoli Bhadar, District-Buxar.
  73. Kamal Kant Dubey, S/o Shri Ram Suresh Dubey, R/o Village- Pandeypur,
      P.O.-Dullapur, District- Buxar, presently posted as teacher in Middle School,
      Balua, District-Buxar.
  74. Deep Shekhar Tiwary, S/o Bhagwan Tiwary, R/o College Gate Charijwan,
      District-Buxar, presently posted as Block Teacher in Middle School,
      Mahuari Chausa District-Buxar.
  75. Rakesh Kumar Atrey, S/o Megh Kuntal Atrey, R/o Village and P.O.-Khiri,
      P.S-Rajpur District- Buxar, presently posted as Block Teacher in Elevated
      Kanya Middle School, Konauli, District-Buxar.
  76. Girish Kumar, S/o Krishna Murari, R/o Village and P.O.- Dumrao District-
      Buxar, presently posted as Panchayat Teacher in Primary School, Yadav
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        Tola, Nayabhojpur District-Buxar.
  77. Soni Kumari, D/o Arvind Kumar Singh, R/o Viswamitra Basti Charitravan
      District- Buxar, was posted as Nagar Teacher in Maharani Usharani Girls
      Middle School, Nagar Parishad, Dumrao District-Buxar now working as
      plus 2 Teacher S.A.N.S High School, Patna.
  78. Sanjay Yadav, S/o Vijay Yadav, R/o Village- Niyajipur Tekman Yadav Ka
      Dera P.O.-Gangauli, District- Buxar, presently posted as Block Teacher in
      Middle School Chhotka Rajpur Simri, District-Buxar.

                                                                        ... ... Petitioner/s
                                      Versus
  1.    The State of Bihar through the Additional Chief Secretary, Education
        Department Bihar, Patna.
  2.    The Additional Chief Secretary, Education Department, Bihar Patna.
  3.    The Director, Primary Education, Education Department, Bihar Patna.
  4.    The District Education Officer, Buxar.
  5.    The District Program Officer, Establishment, Buxar.

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       For the Petitioner/s     :         Mr. Manoj Kumar Manoj, Adv.
       For the Respondent/s     :         Mr. Ramadhar Singh, GP-25
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
       ORAL JUDGMENT
         Date : 09-09-2025

                     Heard the parties.

                     2. The petitioners have approached this Court for the

         following reliefs:-

                                                "i. For quashing and setting
                                    aside letter dt.-9.01.2019 (Annexure-P4)
                                    issued by Respondent No.-2 by which the
                                    claim of Petitioners for granting Trained
                                    Scale teacher from completion of their
                                    Teachers Training either from date of their
                                    appointment or subsequently which has been
                                    rejected as the 6 months (Bridge course) in
                                    elementary Education has not been
                                    completed.
                                                ii.   By    commanding      the
                                    Respondents to provide monetary and
 Patna High Court CWJC No.14763 of 2025 dt.09-09-2025
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                                 consequential benefits of trained scale to
                                 petitioners from the date of their
                                 appointments as the Petitioners were already
                                 got Teacher's Training or completion of
                                 teachers Training subsequent to their
                                 appointments as Teacher whereas the
                                 Trained Scale has been granted on
                                 completion of Bridge course on 11.06.2019
                                 or any other date, contrary to the law laid
                                 down by Order dt.-27.09.2016 passed in LPA
                                 No.-1699/2013.
                                             iii. For Shifting of granting
                                 Trained scale from date of completion of 6
                                 months Bridge course on 16.09.2019 to the
                                 date of respective appointment of Petitioners
                                 or their completion of Teachers Training as
                                 the case may be in respect of the Petitioners
                                 in light of Orders passed by this Hon'ble
                                 court in LPA No.-1699/2013, and letter dt.-
                                 16.10.2024

(Annexure-P9) issued in light of Order dt.-4.03.2024 (Annexure-P8) passed in CWJC No.-9416 of 2019, which squirely covers the case of Petitioners, in the interest of Justice.

iv. Or pass any other order/orders as your lordship may deem fit and proper in the facts."

3. Learned Advocate for the petitioners submitted that the order impugned dated 09.01.2019 was questioned before this Court in CWJC No. 9416 of 2019 by one identically situated person, namely, Satyendra Kumar Ojha and this Court after having given anxious consideration, set-aside the order dated 09.01.2019 and directed the petitioner to file a detailed representation before the respondent no. 3 along with the copy of the judgment passed in LPA No. 1699 of 2013 and other relevant documents. In compliance with the afore-noted order of Patna High Court CWJC No.14763 of 2025 dt.09-09-2025 8/9 this Court, said Satyendra Kumar Ojha has been accorded all the benefits, vide order as contained in Memo No. 1790 dated 16.10.2024. It is the contention of the petitioners that the case of the petitioners is squarely covered with the order/decision passed by the learned Division Bench of this Court in LPA No. 1699 of 2013 and further the order in CWJC No. 9416 of 2019. Identically situated persons have also approached this Court for the similar reliefs, as sought for in the present writ petition, and they have been directed to approach before the authorities concerned by filing a detailed representation.

4. Mr. Ramadhar Singh, learned GP-25 has submitted that an instruction would be required to apprise this Court with regard to the present position qua the admissibility of the claim of the petitioner.

5. Having considered the nature of the grievance and the submissions set-forth by learned Advocate for the petitioners, this Court deems it appropriate to dispose off the writ petition with a liberty to the petitioners to file a detailed representation, indicating all such details, which are required for consideration to grant trained pay scale, before the Director, Primary Education, Education Department, Bihar, Patna preferably within a period of four weeks, from today.

Patna High Court CWJC No.14763 of 2025 dt.09-09-2025 9/9

6. On submission of such representation, the Director, Primary Education, Education Department, Bihar, Patna would be obliged to consider the claim of the petitioners in the light of the above referred decision(s) and pass a reasoned and speaking order, within a further period of eight weeks. In case, the claim of the petitioners finds favour, necessary consequential order shall also be passed within the stipulated period.

7. The writ petition stands disposed off.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          11.09.2025
Transmission Date       NA