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Patna High Court

Meena KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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 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
Patna High Court CWJC No.3521 of 2026(2) dt.18-03-2026
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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.
          Patna High Court CWJC No.3521 of 2026(2) dt.18-03-2026
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                                5. With the aforementioned observation and direction,

                    the writ petition stands disposed of.



                                                                    (Ajit Kumar, J)
rishi/-

U


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