Patna High Court
Dayamanti KumariversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application was disposed, directing the petitioner to file a representation before the District Education Officer, who must decide the matter on merit within six months and issue a reasoned order.
Summary
Dayamanti Kumari filed a writ petition seeking mandamus orders for promotion to the B.A. Trained pay scale, entitlement to the second A.C.P., promotion to Headmaster, and payment of corresponding salaries, based on her academic qualifications. The petitioner offered to file a detailed representation before the District Education Officer, Nalanda, within a month. The State of Bihar raised no objection to this limited prayer. The Court, noting the narrow scope of the request, disposed of the writ application, granting the petitioner liberty to file the representation and directing the District Education Officer to decide the matter on merit within six months, issuing a reasoned order. If the representation is successful, the reliefs sought should be granted within four months of the final order. All pending interlocutory applications were also deemed disposed.
Issues considered
- Whether the petitioner is entitled to promotion to the B.A. Trained pay scale under the education service rules.
- Whether the petitioner is eligible for the second A.C.P. after completing 20 years of service.
- Whether the petitioner qualifies for promotion to the post of Headmaster based on her M.A. degree.
- Whether the petitioner can claim the associated pay scales and consequential benefits.
- Procedural requirement for the petitioner to file a representation before the District Education Officer and the timeline for disposal.
Subjects
- mandamus
- promotion
- pay scale
- education service
- representation
- district education officer
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15164 of 2017
======================================================
Dayamanti Kumari Wife of Late Kamla Prasad, resident of Karari P.S.
Harnaut, District Nalanda at present resident of Kalyanpur, Station Road,
Biharsharif, Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Secretary, Education Department Govt. of Bihar, Patna.
3. The District Education Officer, Nalanda.
4. The Block Education Officer, Biharsharif, District Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Adv
For the Respondent/s : Mrs. Abhanjali, AC to GA XII
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
(i) For issuance of an appropriate
writ in the nature of MANDAMUS
Commanding and directing the respondent
authority to promote the petitioner in B.A.
Trained pay scale as she had already got
Sahitya Alankar degree which is equivalent
to graduation and further to pay entire
consequential benefit.
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(ii) For issuance of an appropriate
writ in the nature of MANDAMUS
Commanding and directing the respondent
authority to give benefit of 2nd A.C.P. from
the date when she has completed 20 years of
service.
(iii) Further for issuance of an
appropriate writ in nature the of
MANDAMUS commanding and directing the
respondent authority to Promote the
petitioner to the post of Headmaster as
petitioner has already qualified/got
Education of M.A. decree from Nalanda
open University and further pay the entire
consequential benefit.
(iv) Further for direction to the
respondent authority to pay the BA. Trained
pay scale as well as pay scale of
Headmaster from the date when petitioner
has got B.A. and M.A. degree after getting
due permission of her superior authority.
(v) Further for issuance of any
other writ /writs order/ orders,
direction/directions shall be found for which
petitioners entitled under the facts and
circumstances of the case.
4. After advancing some argument, learned counsel
for the petitioner submits that for the reliefs claimed for in the
Patna High Court CWJC No.15164 of 2017(4) dt.05-01-2026
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present writ application, the petitioner is prepared to file a
detailed representation before the District Education Officer,
Nalanda within one month from today. Learned counsel for the
petitioner further prays that if such a representation is filed
within the stipulated time then the District Education Officer,
Nalanda may be directed to dispose of the representation filed
by the petitioner on merit within a fixed time frame, after giving
an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a detailed
representation before the District Education Officer, Nalanda
within one month from today and if such a representation is
filed within the stipulated time then the District Education
Officer, Nalanda is directed to dispose of the same on merit
within a further period of six months after giving an opportunity
of hearing to the petitioner. Needless to emphasize that the final
order which shall be passed by the District Education Officer,
Nalanda should be a reasoned and speaking order. It is made
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clear that in case, the petitioner is found entitled to the relief
which the petitioner would be claiming through the
representation, the same should be extended to the petitioner
within a further period of four months from the date of passing
of the final order.
7. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kiran/-
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