Patna High Court
Kashi Prasad Singh @ Kashi Pd. SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
2/6
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
3/6
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
4/6
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
5/6
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
6/6
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
Checking your session…