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Patna High Court

Kashi Prasad Singh @ Kashi Pd. SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ application is disposed of, directing the District Education Officer and the District Programme Officer, Katihar, to decide the petitioners’ pending representations in accordance with CWJC No. 15610/2018 within three months.

Summary

Three retired headmasters filed a writ petition against the State of Bihar and various education officials seeking promotion to the graduate‑trained pay scale and headmaster scale under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993, claiming entitlement since 2002/2007. They relied on the High Court’s earlier judgment in CWJC No. 15610/2018 (Raghvendra Sharma et al. v. State of Bihar) and challenged a 2023 memo that limited promotion only to teachers recommended before 2019. The court observed that the issue had already been decided in the 2018 case and, with the parties’ consent, disposed of the writ by directing the District Education Officer and the District Programme Officer, Katihar, to decide the petitioners’ pending representations in accordance with that judgment within three months, after hearing the petitioners and issuing a reasoned order. The court emphasized that any relief found due must be granted within the stipulated period.

Issues considered

  • Whether the petitioners are entitled to promotion to the graduate‑trained pay scale and headmaster scale as per the Bihar Nationalized Elementary Teacher Promotion Rule, 1993, in view of CWJC No. 15610/2018.
  • Whether memo No. 218 dated 27‑02‑2023, which restricts promotion to teachers recommended before 2019, is violative of the earlier judgment and principles of equity.
  • Whether the High Court can direct the concerned district officials to dispose of pending representations within a fixed time‑frame.

Subjects

  • promotion
  • pay scale
  • mandamus
  • certiorari
  • administrative law
  • education department
  • retired teachers
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2657 of 2026
                 ======================================================
           1.     Kashi Prasad Singh @ Kashi Pd. Singh Son of Late Satanu Singh, Resident
                  of Mohalla Lohiya Nagar, Near Satsang Mandir, Ward No. 12, Police Station
                  Katihar Sadar, District - Katihar. Retired while working as Headmaster from
                  Govt. Upgraded Middle School Gidarmari, Anchal Barari, District - Katihar.
           2.    Ashok Kumar Mehta, son of Late Dharmdeo Mehta, Resident of Mohalla
                 Lohiyanagar, Barmasia, Police Station- Katihar, District - Katihar. Retired
                 while working as Headmaster from Govt. Adarsh Middle School Salmari,
                 Anchal - Azamnagar, District - Katihar.
           3.    Ramesh Prasad Singh, Son of Late Yogeshwar Prasad Singh, Resident of
                 Mohalla -Mahanthnagar, Ward No. 09, Police Station Katihar Sadar, District
                 Katihar. Retired while working as Headmaster from Govt. Adarsh Middle
                 School Railway Colony, Katihar, Anchal Katihar, District Katihar.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary-cum-the Principal Secretary, Education
                 Department, Govt. of Bihar, Patna.
           3.    The Additional Chief Secretary-cum-the Principal Secretary, Finance
                 Department, Govt. of Bihar, Patna.
           4.    The Director, Primary Education, Bihar, Patna.
           5.    The Regional Deputy Director of Education, Purnea Division, Purnea.
           6.    The District Education Officer, Katihar.
           7.    The District Programme Officer (Establishment), Katihar.
           8.    The District Accounts Officer, Katihar.
           9.    The District Treasury Officer, Katihar.
           10. The Accountant General, Birchand Patel Path, Bihar, Patna.
           11. The Senior Accounts Officer, office of the Accountant General, Birchand
               Patel Path, Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Umesh Kumar Mishra, Advocate
                 For the Respondent/s   :      Mr. Ramadhar Singh, Government Pleader (25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   19-02-2026                 Heard learned counsel for the petitioner, learned

                   counsel appearing on behalf of the respondent-State and learned
Patna High Court CWJC No.2657 of 2026(2) dt.19-02-2026
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          counsel for the Accountant General.

                        2. With consent of the parties, the present writ

          application is being disposed of at this stage itself.

                        3. The petitioner has prayed for grant of following

          relief :-

                                  “1. For issuance of an appropriate writ in
                      the nature of mandamus for commanding and directing
                      the respondent authorities concerned to shift the date of
                      promotion of the petitioners in graduate trained pay
                      scale since 2002 i.e. after completion of eight years of
                      service and the scale of Headmaster since 2007 as per
                      Bihar Nationalized Elementary Teacher Promotion
                      Rule, 1993 in the light of the order passed by this
                      Hon'ble High Court in the case of similarly situated
                      teachers vide CWJC No. 15610 of 2018 (Raghvendra
                      Sharma and Others vs. the State of Bihar and Others),
                      as the petitioners had been appointed by through Bihar
                      Public Service Commission, Bihar, Patna in the year
                      1994 but their promotion in the graduate trained pay
                      scale and in the scale of Headmaster has not been
                      shifted from the due date of their entitlement even
                      though several similarly situated teachers or even
                      junior to the petitioners in other districts, have already
                      been given the promotion from the due date of their
                      entitlement along with all consequential and monetary
                      benefits.
                                  (II) For issuance of an appropriate writ in
                      the nature of certiorari for quashing the part of memo
                      no. 218 dated 27.02.2023 issued by the Director,
                      Primary Education, Govt. of Bihar, Patna, if that is
                      coming in the way, by which, the decision has been
                      taken to provide the benefit of promotion in graduate
                      trained pay scale in compliance of the order passed by
                      this Hon'ble High Court in CWJC No. 15610/2018
                      (Raghvendra Sharma and Others vs. the State of Bihar)
                      only to such teachers, who have already been
                      recommended and granted the said scale of graduate
Patna High Court CWJC No.2657 of 2026(2) dt.19-02-2026
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                   trained pay prior to 2019, as the direction is not just
                   and proper especially when several similarly in other
                   districts who were appointed along with the petitioners
                   in the year 1994 and junior to the petitioners have been
                   extended the benefits of graduate trained pay scale and
                   the scale of Headmaster and such a direction that only
                   those teachers, who had already been recommended
                   and provided the promotion will be given the benefits of
                   order passed in CWJC No. 15610/2018 (Raghvendra
                   Sharma and Others vs. the State of Bihar and Others)
                   is violative of the decision of Chief Justice Chhagala of
                   Bombay High Court in the case of All India Groundnut
                   Syndicate Ltd. Vs. Commissioner of Income Tax,
                   Bombay City; AIR 1954 Bom. 232 wherein, it has been
                   held that one cannot take advantage of his own wrong
                   in defeating the genuine claim.
                               (III) For issuance of an appropriate writ in
                   the nature of mandamus for commanding and directing
                   the respondent authorities concerned to consider the
                   case of the petitioners in the light of the order passed
                   by this Hon'ble High Court in CWJC No. 15610 of
                   2018 (Raghvendra Sharma and Others vs. the State of
                   Bihar and Others) and grant all monetary and
                   consequential benefits of promotion of graduate trained
                   pay scale and the scale of Headmaster by shifting the
                   said promotion from the due date of their entitlement
                   since when several similarly situated /junior to the
                   petitioners have been provided the promotion in the
                   graduate trained pay scale and the scale of
                   Headmasters and also to pay the differences of arrears
                   of salary and differences of pensionary benefits as well
                   as for revision in monthly pension as all the petitioners
                   have retired from service while discharging their duties
                   in different schools in the district of Katihar.
                               (IV) For issuance of an appropriate writ in
                   the nature of mandamus for commanding and directing
                   the respondents for implementation of memo no. 592
                   dated 10.05.2013 issued by the Director, Primary
                   Education, Govt. of Bihar, Patna, by which, there is
                   direction that if junior teacher has been promoted the
                   senior teacher will also be given the same and similar
                   benefits from the date since when the juniors have been
Patna High Court CWJC No.2657 of 2026(2) dt.19-02-2026
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                   granted the said benefits.
                              (V) For issuance of any other writ/writs,
                   order/orders, direction/directions for which the
                   petitioners will be entitled in the facts and
                   circumstances of the present case.

                       4. Learned counsel appearing for the petitioners

          submits that the issue involved in the present writ application is

          no longer res integra as the same has already been decided /

          settled in C.W.J.C. No.15610 of 2018 (Radhavendra Sharma

          and Ors. Vs. State of Bihar & Ors.). He further submits that

          for seeking the aforesaid relief claimed in the present writ

          application, the petitioners have already filed a representation

          before the District Education Officer, Katihar (respondent No.6)

          as    well     as    before      the     District   Programme   Officer

          (Establishment), Katihar (respondent No.7) and the same

          continues to be pending.                He, therefore, submits that the

          petitioner would be satisfied if an appropriate direction could

          be issued by this Court to the District Education Officer, Katihar

          (respondent No.6) as well as to the District Programme Officer

          (Establishment), Katihar (respondent No.7) for disposing of the

          pending representation of the petitioners which has been

          brought on record by way of Annexure-10 series in light of the

          Judgment of this Court passed in C.W.J.C. No.15610 of 2018

          (Raghvendra Sharma & Ors. Vs. State of Bihar & Ors.) after
Patna High Court CWJC No.2657 of 2026(2) dt.19-02-2026
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          giving an opportunity of hearing to the petitioners, within a

          fixed time frame.

                      5. To the aforesaid submissions made by learned

          counsel appearing for the petitioners, learned counsel appearing

          on behalf of the respondent-State and respondent-Accountant

          General do not have any objection.

                      6. Considering the limited nature of prayer being

          made by learned counsel for the petitioners, this writ application

          stands disposed of directing the District Education Officer,

          Katihar (respondent No.6) as well as to the District Programme

          Officer (Establishment), Katihar (respondent No.7) to dispose of

          the pending representations of the petitioners (Annexure-10

          series) in light of the judgment of this Court delivered in

          C.W.J.C. No.15610 of 2018 (Raghvendra Sharma & Ors. Vs.

          State of Bihar & Ors.) within a period of three months from

          the date of receipt / production of a copy of this order after

          giving an opportunity of hearing to the petitioners.

                      7. Needless to emphasize that the final order which

          shall be passed by the District Education Officer, Katihar

          (respondent No.6) and by the District Programme Officer

          (Establishment), Katihar (respondent No.7) should be reasoned

          and speaking order. It is further made clear that in case the
            Patna High Court CWJC No.2657 of 2026(2) dt.19-02-2026
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                      petitioners are found entitled to the relief which the petitioners

                      have claimed through their representations, then the same

                      should be extended to the petitioners within a maximum period

                      of three months from the date of passing of the final order by

                      District Education Officer, Katihar (respondent No.6) and the

                      District     Programme           Officer       (Establishment),   Katihar

                      (respondent No.7).

                                  8. With the aforesaid observation/direction and liberty

                      granted, the present writ application stands disposed of.

                                  9. All pending I.A.s, if any, is deemed to have been

                      disposed of.



                                                                     (Alok Kumar Sinha, J)
sanjeev/-

U


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