Patna High Court

Baliram ManjhiversusThe State of Bihar

Decided: 31 March 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The court directed the respondent authority to grant the petitioners promotion to the graduate trained pay scale and subsequently to the Headmaster scale, with backdated benefits, in conformity with the earlier High Court judgments.

Summary

The petitioners, two graduate trained teachers, sought promotion to the graduate trained pay scale and subsequently to the Headmaster scale based on their Sahitya Alankar qualifications from Hindi Vidyapeeth, Deoghar. They argued that earlier High Court judgments (CWJC No.15610/2018, CWJC No.5129/2009, CWJC No.16183/2012) entitled similarly situated teachers to such promotion, and that Memo No.218/2023 unjustly limited the benefit. The court examined the validity of the Sahitya Alankar qualification, the applicability of the Bihar Nationalized Elementary Teacher Promotion Rule, 1993, and the precedential effect of the cited judgments. It held that the petitioners are entitled to the promotion benefits and directed the respondent authority to consider their representation and grant the promotion and related arrears within stipulated periods. The petition was disposed with a direction to the respondent to act accordingly.

Issues considered

Whether teachers holding a Sahitya Alankar qualification are eligible for promotion to the graduate trained pay scale under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993.
Whether Memo No.218 dated 27.02.2023, which restricts promotion benefits to teachers recommended before 2019, is inconsistent with earlier High Court orders and the principle that one cannot benefit from one's own wrong.
Whether the date of promotion should be backdated to the entitlement date and arrears of salary awarded.
Whether the authorities must implement the direction in Memo No.592 dated 10.05.2013 regarding senior teachers' benefits.
Whether the petitioners are entitled to monetary and consequential benefits as per the earlier judgments.

Subjects

teacher promotion
graduate trained pay scale
Sahitya Alankar
mandamus
high court judgment
Bihar education
equal treatment
arrears of salary

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4282 of 2026
======================================================
1. Baliram Manjhi son of Shivji Manjhi, Resident of Village - Rampur, Noor
Nagar, Police Station - Jalalpur, District - Saran at Chapra. Address as per
Aadhar Card is resident of Hajipur, Bari Yusufpur, Vaishali. At present
posted and working as Graduate Trained Teacher in Govt. Upgraded Middle
School Bharpura, Anchal Sonepur, District- Saran at Chapra.
2. Manoranjan Sah, son of Late Rameshwar Prasad Sah, Resident of Village -
Sanchi Patti, Virat Nagar, Police Station -Hajipur, District- Vaishali. At
present posted and working as Graduate Trained Teacher in Govt. Upgraded
Middle School Parmanandpur, Anchal Sonepur, 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, Advocate
For the Respondent/s : Mr. Government Pleader (14)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER

2 31-03-2026 Heard learned counsel for the petitioners and

learned counsel for the State.

2. The writ petition has been filed for the following
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reliefs :-

(i) For issuance of an appropriate writ in the
nature of mandamus for commanding and directing the
respondent authorities concerned to shift the date of
promotion of the petitioners in the scale of graduate
trained pay after completion of eight years of service on
the basis of their qualification of Sahitya Alankar from
Hindi Vidyapeeth, Deoghar, Jharkhand and to provide the
scale of Headmaster from the due date of their
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 no. 1 had joined as an
Assistant Teacher on 13.12.1999 on the basis of
recommendation by the Bihar Public Service
Commission, Bihar, Patna and petitioner no. 2 had joined
as an Assistant Teacher on compassionate ground on
10.07.2000, and the petitioner no. 1 had passed Sahitya
Alankar from Hindi Vidyapeeth Deoghar, Bihar (now
Jharkhand) in the year 2001 and petitioner no. 2 passed
Sahitya Alankar from Hindi Vidyapeeth, Deoghar,
Jharkhand in the year 2002 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 petitioners are entitled
for shifting the date of their promotion in the scale of
graduate trained pay on the basis of their qualification of
Sahitya Alankar from Hindi Vidyapeeth, Deoghar,
Jharkhand and also for promotion in the scale of
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Headmaster on the basis of their qualification of post-
graduation, from the due date of their entitlement as
several similarly situated teachers, who are 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 petitioners have 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, have been extended the benefits of graduate
trained pay scale and the scale of Headmaster and since
the petitioners only because they are 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
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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 petitioners 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 by providing the aforesaid scale i.e. graduate
trained pay on the basis of their qualification of Sahitya
Alankar from Hindi Vidyapeeth, Deoghar, Jharkhand and
thereafter the scale of Headmaster from the due date of
their entitlement since when several similarly situated
teachers have been extended 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 direction
contained in 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 commanding and directing the
respondent authorities concerned to consider the case of
the petitioners for shifting the date of their promotion in
graduate trained pay scale on the basis of their
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qualification of Sahitya Alankar from Hindi Vidyapeeth,
Deoghar, Jharkhand and thereafter in the scale of
Headmaster and to provide all the monetary benefits i.e.
differences of arrears of salary.
(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.

3. Learned counsel for the petitioners submits that the

petitioner No.1 passed matriculation in the year 1982 from the

Bihar School Examination Board and intermediate from Bihar

Intermediate Education Council, Bihar, Patna in the year 1994

and petitioner No.2 passed matriculation in the year 1998 from

the Bihar School Examination Board and intermediate from

Bihar Intermediate Education Council, Bihar, Patna in the year

2000. It has further been submitted that petitioner No. 1,

Baliram Manjhi, was recommended for appointment as an

Assistant Teacher by the Bihar Public Service Commission,

Patna, in the year 1999 and pursuant thereto, he was issued an

appointment letter and joined his respective school in Saran,

Chapra on 13.12.1999, and he started to discharge his duties

diligently and satisfactorily whereas, the petitioner No. 2,

Manoranjan Sah, was appointed as an Assistant Teacher on

compassionate grounds and joined Govt. Kanya Primary
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School, Sakhnauli, Anchal-Dariyapur-1, District Saran, Chapra

on 10.07.2000 and both the petitioners appeared and passed the

in-service teachers training course conducted by the Bihar

School Examination Board, Bihar, Patna.

4. It has next been submitted that the petitioners with

the permission of concerned authorities, namely, District

Superintendent, Saran, appeared and passed Sahitiya Alankar

(which is equivalent to graduation) from Hindi Vidyapeeth,

Deoghar, Jharkhand through correspondence. It is the case of

the petitioners that despite the fact that the petitioner Nos.1 and

2 have obtained the degree of graduate trained in Sahitiya

Alankar in the year 2001 and 2002 respectively, the promotion

in the graduate trained payscale has not been considered. To

buttress his submissions, he has relied upon a judgment of this

Court in C.W.J.C. No.5129 of 2009, Sanjay Kumar v. The State

of Bihar and Others and its analogues cases. The relevant

extract is reproduced here under :-

We may now proceed to consider the claim
set forth in C.W.J.C. No. 16183 of 2012 that was
referred to the Division Bench by a learned Single
Judge as it raised the same issue and L.P.A. No.
894 of 2016. In these two matters the claim of the
writ-petitioners and the appellant respectively are
with regard to promotional benefits in the higher
scale of pay after having served for 8 years as an
Assistant Teacher. They were denied promotional
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pay-scale only on the ground that they did not
possess the minimum eligibility qualification as
prescribed and were claiming benefits on the
strength of the degree of Sahityalankar from
Deoghar Hindi Vidyapeeth. In view of what has
been concluded by us hereinabove, the petitioner of
C.W.J.C. No. 16183 of 2012 and the appellant of
L.P.A. No. 894 of 2016 are both entitled to the
benefits of promotion and the same cannot be
denied merely on the ground that they were
possessed of an equivalent degree as referred to
hereinabove. It is undisputed that these two are
also in possession of the degree of Sahityalankar
having been obtained prior to the year 2008.
Accordingly, C.W.J.C. No. 16183 of 2012
and L.P.A. No. 894 of 2016 are allowed. The
impugned judgment of the learned Single Judge
dated 28.03.2016 is set aside. Since both the
candidates have prayed for a mandamus, we
accordingly direct the competent authority to pass
an appropriate order in the light of above within
three weeks from the date of presentation of the
certified copy of the order served on them with
effect from the date they were entitled for such
benefit together with all consequential benefits.

5. It has next been submitted that now since the issues

have already been made quietus with the appeals having been

filed by the State-respondents vide L.P.A. No.1210 of 2010 and

L.P.A. No.307 of 2016, questioning the correctness of the

judgment of learned Co-ordinate Bench, whereby the

respondents were extended the benefit of equivalent

qualification, who had obtained the degree from Hindi
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Vidyapeeth, Deoghar, Jharkhand and since those appeals have

already been dismissed, the judgment rendered by the Co-

ordinate Bench in Sanjay Kumar (supra) has attained finality

and therefore, the case of these petitioners are required to be

considered strictly in consonance with the ratio laid down in the

said case.

6. Learned counsel for the petitioners next submits

that on consideration of his degree as valid, the respondent-

authorities are required to undertake the process of granting

promotion in the trained pay-scale in the light of the judgment

rendered by Co-ordinate Bench in the case of Raghvendra

Sharma and Others v. The State of Bihar and Others in

C.W.J.C. No.15610 of 2018. It is further submitted by learned

counsel for the petitioners that representation in this regard,

taking cue from the ratio laid down in the said judgment have

already been submitted before the concerned authorities to

undertake the process in similar terms, as is being undertaken in

the case of similarly situated persons and at this stage, further

invited the attention of the Court to the decision taken by the

Director, Primary Education, Education Department,

Government of Bihar, in this regard, which is contained in

Memo No.218 dated 27.02.2023, and is appended as Annexure-
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P/19.

7. Be that as it may, since issues have already been

put at rest by the Co-ordinate Bench and the said view has

already been upheld by the Hon’ble Division Bench, the

authorities are required to take steps for granting pay-scale of

graduate trainied teachers with respect to these petitioners

appointment and for that a representation shall be filed by these

petitioners, which shall be considered in similar terms, as that

of the persons in the case of C.W.J.C. No.15610 of 2018.

8. Considering the aforesaid, this writ petition is

disposed off with a direction to the respondent No.6, to take all

necessary steps on submission of detailed representation, which

these petitioners propose to file in continuation of the earlier

representation along with the copy of the order within a period

of eight weeks from the date of such submission and necessary

orders strictly in consonance with law shall be passed and the

benefit which accrues to these petitioners on account of such

consideration, shall be also extended in favour of these

petitioners within a further period of eight weeks.

(Ajit Kumar, J)
sharun/-

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