Patna High Court
Anil Kumar HariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court disposed of the writ application by granting the petitioner liberty to file a fresh representation before the District Programme Officer, Vaishali, within four weeks and directing its disposal within six months, with a reasoned order and subsequent implementation of any relief within three months.
Summary
The petitioner, an assistant teacher, filed a writ petition seeking promotion to the graduate‑trained pay scale and head‑master grade pay, invoking a prior High Court order dated 12‑09‑2022 in CWJC No. 15610 of 2018. He requested the authorities to grant the promotion with all consequential benefits and, alternatively, sought a direction to file a fresh representation before the District Programme Officer, Vaishali. The court, noting the limited nature of the prayer, allowed the petitioner to file such a representation within four weeks and directed the officer to dispose of it within six months, after a hearing, with a reasoned order. If the representation is found in the petitioner's favour, the relief must be implemented within three months of the final order. The writ application was consequently disposed of, and any pending interlocutory applications were deemed disposed.
Issues considered
- What relief, if any, is the petitioner entitled to regarding promotion and associated benefits under service law?
- Whether the court should direct the petitioner to file a fresh representation before the District Programme Officer and prescribe timelines for its disposal.
Subjects
- promotion
- service law
- writ jurisdiction
- education department
- administrative law
- representation
- hearing
- reasoned order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4410 of 2026
======================================================
Anil Kumar Hari S/o- Fudena Ram, R/o- Mohalla- Naya Tola, Kharjmma
Mahnar, PS- Mahanar, District- Vaishali, at present posted as Asst. Teacher,
Lawapur Mahnar Harijan, PS, Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar though the Addl Chief Secretary, Department of
Education, Bihar, Patna.
2. The Addl. Chief Secretary, Department of Education, Bihar, Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The Regional Deputy Director, of Education, Tirhut Division, Muzaffarpur,
Bihar.
5. The District Education Officer, Vaishali at Hajipur.
6. The District Programme Officer, (Estab.), Vaishali, at Hajipur, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Adv.
For the State : Mr.Addl. Advocate General (13)
Ms.Anjaneya Singh, AC to AAG 13
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
counsel appearing for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
“(i) For considering the promotion of
petitioner in graduate trained pay of scale as well
as in the pay scale/grade pay of Head Master w.e.f.
juniors were granted promotion as well as in the
light of the order passed by this Hon'ble Court
dated 12.09.2022 passed in CWJC No. 15610 of
Patna High Court CWJC No.4410 of 2026(2) dt.07-04-2026
2/3
2018 (Raghvendra Sharam and ORs. V/s The State
of Bihar and Ors.).
(ii). For further commanding the
respondent authorities to grant his promotion w.e.f.
juniors were promoted with all consequential
monetary benefits.
(iii). For any other relief/ reliefs for
which petitioner is found entitled in the facts and
circumstances of the present case.”
4. After advancing some argument, learned counsel
for the petitioner submits that for seeking the aforesaid reliefs,
the petitioner is prepared to file a fresh representation before the
District Programme Officer, (Estab.), Vaishali and prays that an
appropriate direction be issued to the District Programme
Officer, (Estab.), Vaishali to dispose of the representation of the
petitioner within a fixed time frame, after giving an opportunity
of hearing to the petitioner.
5. To the aforesaid submission being made by learned
counsel for the petitioner, learned counsel appearing for the
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
is disposed of granting liberty to the petitioner to file a fresh
representation before the District Programme Officer, (Estab.),
Vaishali within four weeks from today and if such a
representation is filed by the petitioner, the same shall be
Patna High Court CWJC No.4410 of 2026(2) dt.07-04-2026
3/3
disposed of within a period of six months from the date of
receipt of the representation, after giving an opportunity of
hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the District Programme Officer, (Estab.),
Vaishali should be a reasoned and speaking order. It is also
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 further period of three months from the date of passing
of the final order by the District Programme Officer, (Estab.),
Vaishali.
8. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kundan/-
U
Checking your session…