Patna High Court
Dilip Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
Patna High Court CWJC No.2690 of 2026(2) dt.19-02-2026
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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
Patna High Court CWJC No.2690 of 2026(2) dt.19-02-2026
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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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