Patna High Court
Meena KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court declined to issue a mandamus and instead directed the petitioner to file a fresh representation, with the authority to adjudicate the claim within a stipulated period.
Summary
Meena Kumari, an assistant teacher with twelve years of service, filed a writ petition seeking senior‑scale promotion and related benefits under the Bihar Elementary School Teacher's Promotion Rule, 1993, and specific departmental memos. She relied on the earlier judgment in Ram Ashis Tiwary & Ors. v. State of Bihar, which had granted similar relief to other teachers. The State argued that the issue had already been finally decided by the Apex Court and that the petitioner should pursue the matter through the prescribed representation process. The High Court observed that, despite the precedent, the petitioner had not filed a fresh detailed representation before the competent authority. Consequently, the Court directed the petitioner to submit a comprehensive representation within four weeks and instructed the authority to decide the claim within eight weeks, extending benefits if justified. The writ petition was therefore disposed without granting mandamus.
Issues considered
- Whether the petitioner is entitled to senior‑scale promotion and consequential benefits under the Bihar Elementary School Teacher's Promotion Rule, 1993 and related departmental memos.
- Whether the earlier judgment in Ram Ashis Tiwary & Ors. v. State of Bihar is binding and determinative for the present petition.
- Whether the court can compel the petitioner to file a fresh representation and set timelines for the administrative authority to decide the claim.
Subjects
- senior scale promotion
- teacher promotion
- mandamus
- writ petition
- Bihar Elementary School Teacher's Promotion Rule
- administrative representation
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3521 of 2026
======================================================
Meena Kumari Wife of Jai Shankar Prasad, Resident of Village and Post
Office-Haraji, Police Station-Awatarnagar, District-Saran at Chapra. At
present posted and working as Assistant Teacher in Govt. Kanya Primary
School Chaknoor, 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. Prashant Pratap, GP2
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-03-2026 The writ petition has been filed for the following
relief:-
“I. For issuance of an appropriate writ in the
Patna High Court CWJC No.3521 of 2026(2) dt.18-03-2026
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nature of mandamus for commanding and directing
the respondent authorities concerned to grant
senior scale/time bound promotion/ACP/MACP to
the petitioner after completion of 12 years of
service as an assistant teacher in the matric
untrained post in the light of the Bihar Elementary
School Teacher's Promotion Rule, 1993.
II. For issuance of an appropriate writ in the
nature of mandamus for commanding and directing
the respondent authorities concerned to implement
the memo no. 289 dated 22.02.2019 issued under
the signature of the Joint Secretary, Education
Department, Bihar, Patna as well as memo no. 1160
dated 03.09.2019 issued under the signature of the
Director Primary Education, Bihar, Patna and pay
the consequential benefits which has been issued in
compliance of order passed by this Hon'ble High
Court in CWJC No. 6139/2007 Ram Ashis Tiwary
& Ors Vs. The State of Bihar & Ors and the same
has been affirmed upto the Hon'ble Apex Court.
III. For issuance of an appropriate writ as an
alternative prayer for commanding and directing
the respondent authorities concerned to provide the
same and similar benefits under Bihar State
Litigation Policy, 2011 under Rule 4(c) (i), as per
the direction of the Hon'ble High Court, Patna
passed in similarly situated teachers, orders dated
31.03.2011 passed in CWJC No. 6139/2007 Ram
Ashis Tiwary & Ors Vs. The State of Bihar & Ors.
IV. For issuance of an appropriate writ in the
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nature of mandamus for commanding and directing
the respondent authorities either the District
Education Officer, Saran at Chapra or the District
Programme Officer (Establishment), Saran at
Chapra to provide senior pay scale after completion
of 12 years of service and pay the differences of
arrears of salary and other consequential benefits.
V. For issuance of any other writ/writs,
order/orders, direction/directions for which the
petitioner would be entitled in the facts and
circumstances of the present case.”
2. Counsel for the petitioner submits that the issue
with regard to grant of senior pay-scale has already been
adjudicated by this Court in the case of Ram Ashis Tiwary &
Ors. Vs. The State of Bihar & Ors. (CWJC No. 6139 of 2007)
which is appended with the writ petition and the said order was
put to challenge before the Hon’ble Division Bench in LPA No.
756 of 2015 and, thereafter, the matter traveled before the
Hon’ble Apex Court in Special Leave Petition (Civil) Diary
Nos(s) 28313 of 2018 and the order passed by the Co-ordinate
Bench of this Court has attained finality and the petitioner is
said to have filed appropriate representation, giving details of
the judgment rendered on the issue, in question but, for the
unexplained reason, the decision till date has not been taken but,
in the case of other similarly situated persons, necessary order
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has already been passed, which is appended with the writ
petition as Annexure-14 series.
3. On the other hand, counsel for the State submits
that the issues have already been given quietus at the level of the
Hon’ble Apex Court and since there is already a representation
filed by the petitioner in the light of the order passed by the Co-
ordinate Bench in the case of Ram Ashis Tiwary (supra), the
authority may be directed to adjudicate the same, if the
petitioner's case squarely lies within the parameters of the
Ram Ashish Tiwary (supra).
4. Considering the aforesaid submissions of the
parties, this Court finds it appropriate to direct the petitioner to
file a fresh detailed representation, appending all the necessary
documents for adjudication of the claim and, as also, the
judgment rendered by this Court on the subjects, in issue and,
on filing of such representation within a period of four weeks
from today, it is expected that the necessary reasoned and
speaking order shall be passed by the authority concerned
within a period of eight weeks thereafter and, on adjudication, if
the claim of the petitioner is found to be justified, then the
consequential benefits shall also be extended to him within the
same period.
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5. With the aforementioned observation and direction,
the writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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