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Patna High Court

Dilip Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Education Officer and District Programme Officer (Establishment) of Saran to dispose of the petitioner's pending representation within three months and to pass a reasoned order, with any entitlement to be granted within one month thereafter.

Summary

The petitioner, an assistant teacher, filed a writ application seeking promotion to the graduate‑trained pay scale and subsequently to the Headmaster scale on the basis of his Sahitya Alankar qualification, alleging that similarly situated teachers had already received the benefit. He also challenged a memo dated 27‑02‑2023 that limited the promotion benefit to teachers recommended before 2019, invoking earlier High Court judgments. The respondent State raised no objection to the limited prayer sought by the petitioner. The Court, noting the parties' consent, disposed of the writ by directing the District Education Officer and the District Programme Officer (Establishment) of Saran to dispose of the pending representation filed on 19‑05‑2023 within three months, after giving the petitioner an opportunity of hearing and to pass a reasoned order. The Court further directed that if the petitioner is found entitled, the relief should be granted within one month of the final order. The writ application was therefore dismissed with procedural directions.

Issues considered

  • Whether the petitioner is entitled to promotion in the graduate‑trained pay scale and Headmaster scale based on his Sahitya Alankar qualification.
  • Whether the memo restricting promotion benefits to teachers recommended before 2019 is valid and consistent with earlier High Court judgments.
  • Whether the education authorities must dispose of the petitioner's pending representation within a reasonable time and pass a reasoned order.

Subjects

  • teacher promotion
  • graduate trained pay scale
  • Sahitya Alankar qualification
  • writ of mandamus
  • certiorari
  • education department
  • Bihar
  • procedural direction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2690 of 2026
                 ======================================================
                 Dilip Kumar Singh Son of Late Deep Narayan Singh, Resident of Village-
                 Mahuani, Police Station- Awatar Nagar, District- Saran at Chapra. At present
                 posted and working as an Assistant Teacher in Govt. Primary School
                 Barbanna, Anchal- Dighwara, District- Saran at Chapra.

                                                                             ... ... 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, Government of Bihar, Patna.
           3.    The Director, Primary Education, Education Department, Government of
                 Bihar, Patna.
           4.    The Regional Deputy Director of Education, Saran Division, Chapra.
           5.    The District Education Officer, Saran at Chapra.
           6.    The District Education Officer-cum-the Chairman of District Teachers
                 Promotion Committee, Saran at Chapra.
           7.    The District Programme Officer (Establishment), Saran at Chapra.
           8.    The District Programme Officer (Establishment), -cum-the Member
                 Secretary of District Teachers Promotion Committee, Saran at Chapra.
           9.    The District Accounts Officer, Saran at Chapra.
           10. The District Treasury Officer, Saran at Chapra.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Umesh Kumar Mishra, Adv
                 For the Respondent/s   :      Mr. K.K. Singh, AC to Government Pleader (22)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   19-02-2026                  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
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          prayed for the grant of following reliefs:

                                               (i) For issuance of an appropriate
                                  writ in the nature of mandamus for
                                  commanding and directing the respondent
                                  authorities        concerned to promote the
                                  petitioner in the scale of graduate trained
                                  pay on the basis of his qualification of
                                  Sahitya Alankar (equivalent to graduation)
                                  from Hindi Vidyapeeth, Deoghar, Jharkhand
                                  after eight years of service in matric trained
                                  pay scale i.e. since 2002 or any convenient
                                  date    and     thereafter    in     the   scale   of
                                  Headmaster from the due date of his
                                  entitlement      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
                                  petitioner had joined as an Assistant on
                                  compassionate ground on 13.05.1994 and
                                  had passed Sahitya Alankar from Hindi
                                  Vidyapeeth Deoghar, Jharkhand in the year
                                  1996 and as the said degree is recognized
                                  upto 2016 for all purposes as per the
                                  decision of C.W.J.C. No. 16183/2012 (Raj
                                  Ranjan and Others vs. the State of Bihar and
                                  Others), the petitioner is entitled for grant of
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                                  promotion in the scale of graduate trained
                                  pay on the basis of his equalization of
                                  Sahitya Alankar from Hindi Vidyapeeth,
                                  Deoghar, Jharkhand and also the scale of
                                  Headmaster from the due date of his
                                  entitlement as several similarly situated
                                  teachers' or even junior to the petitioner,
                                  who were also having the degree of Sahitya
                                  Alankar from Hindi Vidyapeeth, Deoghar,
                                  Jharkhand, have already been given the
                                  actual benefits under the aforesaid order of
                                  the Hon'ble High Court but the petitioner
                                  has been deprived till date.
                                               (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, 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 trained pay prior to 2019, as the
                                  direction is not just and proper especially
                                  when several similarly situated teachers,
                                  who     were      appointed    along   with    the
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                                  petitioner 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 since the petitioner only
                                  because he is having the qualification of
                                  Sahitya Alankar from Hindi Vidyapeeth,
                                  Deoghar,        Jharkhand      had earlier     been
                                  deprived of their promotion and, therefore,
                                  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 petitioner 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
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                                  monetary and consequential benefits by
                                  providing the aforesaid scale i.e. graduate
                                  trained pay on the basis of his qualification
                                  of Sahitya Alankar from Hindi Vidyapeeth,
                                  Deoghar, Jharkhand since 2002 or since
                                  when several similarly situated /junior to the
                                  petitioner has been extended the said benefit
                                  and also to provide the scale of Headmaster
                                  from the due date of his entitlement.
                                               (iv)      For     issuance    of    an
                                  appropriate writ in the nature of mandamus
                                  for     commanding            and   directing    the
                                  respondent          authorities     concerned     to
                                  implement the direction of the Director,
                                  Primary Education, Bihar, Patna by which,
                                  there is direction for compliance 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) for
                                  providing the benefits of graduate trained
                                  pay scale and the scale of Headmaster as
                                  per Bihar Nationalized Elementary Teachers
                                  Promotion       Rule,        1993   and   also   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
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                                  granted the said benefits.
                                               (v) For issuance of an appropriate
                                  writ as an alternative prayer of the
                                  petitioner for direction to the respondent
                                  authorities concerned to dispose of his
                                  representation by reasoned and speaking
                                  order by ventilating his genuine grievances
                                  for grant of scale of graduate trained pay
                                  after completion of eight years of service i.e.
                                  since 2002 on the basis of his qualification
                                  of      Sahitya        Alankar   (equivalent   to
                                  graduation), which is recognized for all
                                  purposes upto 2016 and also to provide the
                                  scale of Headmaster from the due date of his
                                  entitlement.
                                               (vi) For issuance of any other
                                  writ/writs, order/orders, direction/directions
                                  for which the petitioner will be entitled in
                                  the facts and circumstances of the present
                                  case.


                      4. Learned counsel for the petitioner draws the

          attention of this Court to paragraph 31 of the writ application in

          which it is stated as follows:

                                               “31. That the petitioner for his
                                  promotion in the scale of graduate trained
                                  pay from the due date of his entitlement and
                                  the scale of Headmaster from the due date of
                                  his entitlement has duly filled up the formant
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                                   and had represented before the District
                                   Education Officer, Saran at Chapra and also
                                   annexed the relevant document for grant of
                                   graduate trained pay scale and the scale of
                                   Headmaster and the said representation of
                                   the    petitioner     was   forwarded        by   the
                                   Headmaster, marked middle school i.e.
                                   Adarsh Middle School, Dighwara, Saran at
                                   Chapra to the District Programme Officer
                                   (Establishment), Saran at Chapra and the
                                   copy of the same was received in his office
                                   on 19.05.2023.”


                       5. Buttressing the argument, learned counsel for the

          petitioner     further     submits      that   on    the    basis     of   the

          recommendation given in favour of the petitioner vide letter

          dated     18.05.2023       by     the    Headmaster        of   the   school,

          representation was filed by the petitioner before the District

          Education Officer, Saran and District Programme Officer

          (Establishment), Saran on 19.05.2023. Both these documents

          have been brought on record by way of Annexure-18 series. He

          further submits that despite the fact that the representation was

          filed by the petitioner on 19.05.2023, the same continues to be

          pending. Learned counsel appearing for the petitioner further

          submits that the petitioner would be satisfied if an appropriate

          direction be issued to the District Education Officer, Saran and
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          District Programme Officer (Establishment), Saran to dispose of

          the pending representations of the petitioner within a fixed time

          frame, after giving an opportunity of hearing to the petitioner.

                      6. To the aforesaid prayer being made by learned

          counsel for the petitioner, learned counsel appearing for the

          respondent-State does not have any objection.

                      7. Considering the limited nature of prayer being

          made by learned counsel for the petitioner, this writ application

          is disposed of directing the District Education Officer, Saran and

          District Programme Officer (Establishment), Saran to dispose of

          the pending representations of the petitioner dated 19.05.2023

          vide Annexure-18 series, within three months from the date of

          production of a copy of this order by the petitioner, 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, Saran and District Programme

          Officer (Establishment), Saran should be a reasoned and

          speaking order. It is further made clear that in case, the

          petitioner is found entitled to the relief, the same shall be

          extended to the petitioner within a further period of one month

          from the date of passing of the final order.

                      8. With the aforesaid observation/direction, this writ
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                    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/-

U


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