Sudhir Kumar & Ors. vs The State of Bihar & Ors.

Date : 07-08-2026 Heard learned Advocates for the respective parties.

The petitioners were duly appointed as an Assistant Teachers, working in different Elementary Schools; subsequently promoted to the post of Headmaster in the respective schools, have approached this Court seeking a direction upon the respondents to fix the Matric Trained Pay Scale of the petitioners since the date of completion of their in-service teachers training course i.e. 30.06.2001 instead of 01.10.2003 i.e. the publication of the result of in-service Teachers Training Course in the light of the order/judgement dated 01.02.2021 passed in C.W.J.C. No 7938 of 2020 (Manoj Kumar and others Vs. The State of Bihar and others). The aforesaid decision of the learned co-ordinate Bench also affirmed by the learned Division Bench of this Court in L.P.A. No 456 of 2021 vide order/judgment dated 03.04.2025. The State being aggrieved preferred S.L.P. (Civil) Diary No - 66035 of 2025. However, the challenge of the State Government also turned down and the order of the learned Single Judge stood affirmed.

In the aforesaid premise, adverting to the facts, learned Advocate for the petitioners submits that the petitioners are also entitled to get the benefits like other identically situated persons like, difference of arrears, salary and other service benefits.

For redressal of the grievance, the petitioners have also brought the entire facts before the respondent District Programme Officer (Establishment), Sitamarhi as well as the District Education Officer, Sitamarhi, vide representations, copies of which are placed on record as Anneuxre-P/10 to the writ petition.

On the other hand, learned Advocate for the State prays for a short adjourn11559ment to apprise this Court with regard to the present position.

Having considered the limited grievance of the petitioners and the materials available on record, this Court deems it fit to dispose off the writ petition with a direction to the petitioners to file a fresh representation before the Director, Primary Education, Government of Bihar, preferably within a period of four weeks from today.

In case such representation is filed, the concerned respondent (Director, Primary Education, Government of Bihar) shall consider the grievance of the petitioners and bring to its logical conclusion, preferably within a further period of 10 weeks.

It is made clear that if the claim of the petitioners, in principle, finds at par with those of the persons with whom the petitioners are seeking parity, similar benefit must be accorded to the petitioners. In case claim of the petitioners does not find any merit consideration, the reason and speaking order must be passed.

With the aforesaid direction, the writ petition stands disposed of