Patna High Court
Shah Shobha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner must file a fresh representation, and if her grievance falls within the parameters of the earlier judgment, the authorities shall grant the promotion and related benefits within the stipulated time.
Summary
The petitioner, an Assistant Teacher appointed in 1991, sought promotion from the Lower Subordinate Education Service (LSES) to the Subordinate Education Service (SES) citing that junior colleagues had already been promoted and relying on the precedent set in Gayatri Kumari v. State of Bihar (CWJC No. 2931 of 2022). She submitted a representation that remained pending and argued that the judgment in the earlier case mandated similar consideration of her claim. The State contended that if her case fell within the parameters of the earlier judgment, appropriate action could be taken. The Court directed the petitioner to file a fresh representation, attaching relevant supporting documents and the judicial pronouncement, within four weeks. It further ordered that if her grievance aligns with the earlier precedent, the authorities must pass the necessary promotion orders within eight weeks, and the writ application was consequently disposed.
Issues considered
- Whether the petitioner is entitled to promotion from LSES to SES in accordance with the precedent set in Gayatri Kumari v. State of Bihar.
- Whether the authorities are obligated to consider the petitioner's fresh representation and grant promotion with retrospective effect.
- Whether the Court can direct the filing of a fresh representation and prescribe timelines for disposal.
Subjects
- promotion
- LSES
- SES
- education service
- seniority
- writ petition
- representation
- judicial precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2735 of 2026
======================================================
Shah Shobha Kumari W/o Nageshwar Sah, R/o Rahul Nagar, Road No 3, Post
MIT, Brahmapura, Distt Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Director, Primary Education, Education Department, Govt. of Bihar,
Patna.
4. The Director (Administration), Education Department, Government of
Bihar, Patna.
5. The Regional Deputy Director of Education, Saran Division, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Singh
For the Respondent/s : AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents are present.
2. The instant writ application has been filed seeking a
direction to the respondents to consider the claim of the
petitioner regarding her promotion from the cadre of LSES
(Lower Subordinate Education Service) to SES (Subordinate
Education Service) in light of the order dated 13.02.2025 passed
in CWJC No. 2931 of 2022 (Gayatri Kumari vs. the State of
Bihar & Ors.), and to grant her promotion with effect from the
date on which her juniors in the cadre were granted such
Patna High Court CWJC No.2735 of 2026(2) dt.18-02-2026
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promotion, along with all consequential benefits, both monetary
and in terms of seniority in the Subordinate Education Service
Cadre. The petitioner has also prayed for any other relief(s) to
which she may be found entitled.
3. Learned counsel for the petitioner submits that the
petitioner is working as an Assistant Teacher in a Government
Basic School. She entered service in the year 1991 pursuant to
her appointment made vide Memo No. 242 dated 31.01.1991
under the signature of the Regional Deputy Director, Saran.
4. It is the case of the petitioner that she is a trained
graduate. She passed matriculation in the year 1983 from the
Maharashtra State Board of Secondary and Higher Education.
Thereafter, she completed her I.Sc. from the same Board in the
year 1986. She obtained a degree in Teachers’ Training in the
year 1988 and completed her graduation (B.Sc.) from the
University of Maharashtra in the year 1989. In the year 2022,
she also obtained a B.A. degree from Kalinga University.
5. It is further submitted that the final gradation list of
the Lower Subordinate Education Service was published by the
Department of Education, Government of Bihar, vide Memo
No. 1077 dated 12.12.2023, issued under the signature of the
Director, Primary Education. The name of the petitioner appears
Patna High Court CWJC No.2735 of 2026(2) dt.18-02-2026
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at Serial No. 139 in the said final gradation list. It is contended
that persons junior to the petitioner have been granted
promotion from the Lower Subordinate Education Service
(LSES) cadre to the Subordinate Education Service (SES). The
petitioner has submitted an appropriate representation before the
authorities concerned; however, the same has not been
adjudicated upon till date.
6. It is further the case of the petitioner that her case is
squarely covered by the judgment rendered by a Coordinate
Bench vide order dated 13.02.2025 passed in CWJC No. 2931
of 2022 (Gayatri Kumari vs. the State of Bihar & Ors.), and
therefore, her claim may be directed to be considered in similar
terms.
7. On the other hand, learned counsel for the State
submits that if the case of the petitioner falls within the
parameters fixed by the judgment and order passed by the
learned Single Judge in the aforesaid writ petition, appropriate
decisions shall be taken by the authorities concerned, for which
suitable directions may be issued by this Court.
8. Considering the submissions of the parties, this
Court directs the petitioner to file a fresh representation before
the competent authority, appending all relevant supporting
Patna High Court CWJC No.2735 of 2026(2) dt.18-02-2026
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materials and a copy of the judicial pronouncement covering her
case, within a period of four weeks from today. Upon filing of
such representation, if the grievance of the petitioner is found to
fall within the parameters fixed by the learned Single Judge in
the aforesaid case, necessary orders shall be passed within a
period of eight weeks from the date of receipt of such
representation. The benefits to which the petitioner is found
entitled shall be extended to her within the same time frame.
9. With the aforesaid observations and directions, the
writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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