Patna High Court

Rameshwar Prasad SinghversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISPOSED
Bench: ALOK KUMAR SINHA

Holding

The court disposed the writ, directing the District Education Officer and District Programme Officer to consider the petitioner's representation and decide it in accordance with CWJC No.15610/2018.

Summary

The petitioner, husband of the late Vimla Singh, filed a writ seeking mandamus directing the State of Bihar to grant promotion benefits, salary arrears, pension revision, and other entitlements to his deceased wife under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993, relying on a prior judgment (CWJC No.15610/2018). The court observed that the substantive issue had already been decided in that earlier case and that the petitioner was prepared to file a fresh representation before the District Education Officer and District Programme Officer. Both parties consented to a limited relief, and the court directed the concerned authorities to dispose of the forthcoming representation within four weeks, and to issue a reasoned order within six weeks, applying the earlier judgment. The court further ordered that any relief granted by the authorities be implemented within three months of the final order. Consequently, the writ application was disposed with procedural directions.

Issues considered

Whether the writ application is barred as the matter has already been decided in CWJC No.15610/2018
Whether the court can direct the District Education Officer and District Programme Officer to dispose of the petitioner's representation within a fixed time in light of the earlier judgment

Subjects

mandamus
teacher promotion
graduate trained pay scale
headmaster scale
representation
education department
Bihar
pension revision
judicial direction

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4146 of 2026
======================================================
Rameshwar Prasad Singh son of Late Sita Ram Singh, Resident of Mohalla
Mahatma Gandhi Nagar, Bazar Samiti Road, Buxar, Buxar, Post Office-
Gajadharganj, Police Station District-Buxar.
... ... 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, Patna Division, Patna.
5. The District Education Officer, Rohtas at Sasaram.
6. The District Education Officer-cum-the Chairman of District Teachers
Promotion Committee, Rohtas at Sasaram.
7. The District Programme Officer (Establishment), Rohtas at Sasaram.
8. The District Programme Officer (Establishment)-cum-the Member Secretary
of District Teachers Promotion Committee, Rohtas at Sasaram.
9. The District Accounts Officer, Rohtas at Sasaram.
10. The District Treasury Officer, Rohtas at Sasaram.
11. The Accountant General, Birchand Patel Path, Bihar, Patna.
12. The Senior Accounts Officer, Office of the Accountant General, Birchand
Patel Path, Bihar, Patna.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra, Adv.
For the Respondent/s : Mr. Government Pleader (11)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER

2 06-04-2026 Heard learned counsel for the petitioner and learned

counsel appearing for the respondent State.

2. With the consent of the parties, the present writ

application is being disposed of at this stage itself.
Patna High Court CWJC No.4146 of 2026(2) dt.06-04-2026
2/7

3. In the present writ application the petitioner has

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 grant the benefits of promotion
in the scale of graduate trained pay scale
and in the scale of Headmaster to late wife
of the petitioner, namely, Vimla Singh from
the due date of her 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)
and to pay all the differences of arrears of
salary of promotion in the scale of graduate
trained pay and the scale of Headmaster to
the petitioner, who is husband of late Vimla
Singh and also pay to him the differences of
arrears of salary and family pension and
also to revise the monthly pension as his wife
late Vimla Singh had been appointed in the
year 1982 through district panel of Rohtas
and in spite of having all the requisite
qualification of graduation, she had not been
given the promotion in graduate trained pay
scale and the scale of Headmaster from the
due date of her entitlement even though the
late wife of the petitioner has been given
I.Sc. trained pay scale since 10.12.1982 and
in the matter of I.Sc. trained pay scale, the
late wife of the petitioner will be senior to
matric trained teacher and her entitlement in
graduate trained pay scale is prior to such
teachers, who are in matric trained pay
Patna High Court CWJC No.4146 of 2026(2) dt.06-04-2026
3/7

scale, as since 01.01.1986, the I.Sc. trained
pay scale and matric trained pay scale has
been merged in one scale i.e. matric trained
pay scale by providing three additional
increments as well as seniority etc.
II. For issuance of an appropriate writ in the
nature of mandamus for commanding and
directing the respondent authorities
especially the District Education Officer,
Rohtas at Sasaram and the District
Programme Officer (Establishment), Rohtas
at Sasaram to consider the case of the late
wife 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 monetary and consequential
benefits to the petitioner, the husband of late
Vimla Singh by granting the benefits of
promotion in the scale of graduate trained
pay and the scale of Headmaster from the
due date of her entitlement, as has been
given to similarly situated teachers or even
junior to her in the light of the order passed
by this Hon'ble High Court in CWJC No.
15610/2018 (Raghvendra Sharma and
Others vs. the State of Bihar and Others).
III. For issuance of an appropriate in the
nature of mandamus for commanding and
directing the respondent authorities
concerned to grant the benefits of 02nd ACP
to late wife of the petitioner from the due
date of her entitlement, as even after
discharging the duties for about 24 years,
she had not been given the said benefits.
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
Patna High Court CWJC No.4146 of 2026(2) dt.06-04-2026
4/7

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 the 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
granted the said benefits.
V. For issuance of an appropriate writ in the
nature of mandamus for directing the
respondent authorities concerned to provide
all the benefits to the petitioner, who is
husband of late Vimla Singh ie. difference of
arrears of salary, differences of arrears of
salary after revision in family pension and to
revise the monthly pension, to which, his late
wife, late Vimla Singh, was entitled under
the order of the Hon'ble High Court
contained in CWJC No. 15610/2018
(Raghvendra Sharma and Others vs. the
State of Bihar and Others) as also the
benefits of 02nd ACP for which, the late wife
of the petitioner was entitled.
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 submits that the
Patna High Court CWJC No.4146 of 2026(2) dt.06-04-2026
5/7

issue involved in the present writ application is no longer res

integra as the same has already been decided/settled in CWJC

No. 15610/2018 (Raghvendra Sharma and Others vs. the State

of Bihar and Others). He further submits that for seeking the

aforesaid relief as claimed in the present writ application, the

petitioner on behalf of his late wife is prepared to file a fresh

representation before the District Education Officer, Sasaram as

well as before District Programme Officer (Establishment),

Sasaram. He further prays that both the authorities may be

directed to dispose of the representation, which would be filed

by the petitioner on behalf of his late wife, within a fixed time

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

He further submits that it may be indicated in the order that the

disposal of the representation by authorities may be made in

light of the judgment of this Court passed in CWJC No.

15610/2018 (Raghvendra Sharma and Others vs. the State of

Bihar and Others).

5. To the aforesaid submission made by learned

counsel for the petitioner, learned counsel appearing for

respondent State does not have any objection.

6. Considering the limited nature of prayer being

made by learned counsel for the petitioner, this writ application
Patna High Court CWJC No.4146 of 2026(2) dt.06-04-2026
6/7

is disposed of directing the District Education Officer, Sasaram

as well as the District Programme Officer (Establishment),

Sasaram to dispose of the representation which would be filed

by the petitioner on behalf of his late wife within four weeks

from today. The representation must be disposed of within a

period of six weeks from the date of receipt of the

representation, after giving an opportunity of hearing to the

petitioner. It is particularly observed that the representation

which would be filed by the petitioner on behalf of his late wife,

should be decided in light of the judgment of this Court

delivered in CWJC No. 15610/2018 (Raghvendra Sharma and

Others vs. the State of Bihar and Others), after giving an

opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order which

shall be passed by the District Education Officer, Sasaram and

by the District Programme Officer (Establishment), Sasaram

should be a reasoned and speaking order. It is further made clear

that in case the petitioner is found entitled to the relief, which

the petitioner would be claiming through the representation, the

same should be extended to the petitioner within a maximum

period of three months from the date of passing of the final

order.
Patna High Court CWJC No.4146 of 2026(2) dt.06-04-2026
7/7

8. With the aforesaid observation and direction and

liberty as granted, the present writ application stands disposed

of. Pending I.As, if any will be deemed to have been disposed

of.

(Alok Kumar Sinha, J)

Prakash Narayan
U

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