Patna High Court
Md. Masoom RazaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The writ application is disposed of with a direction to the District Education Officer, Katihar, to dispose of the petitioners’ pending representations in accordance with the judgment in CWJC No.15610/2018 within three months, after hearing.
Summary
Five government school headmasters appointed in 1994 filed a writ petition seeking promotion to the graduate‑trained pay scale and headmaster scale under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993, alleging that despite completing the requisite eight years of service, they had not been promoted while similarly situated teachers had. They relied on the High Court’s earlier judgment in CWJC No.15610/2018 (Raghvendra Sharma et al. v. State of Bihar) and challenged a 2023 memo that limited promotion benefits to teachers already recommended before 2019, invoking the principle that one cannot benefit from his own wrong. The petitioners also sought mandamus to enforce a 2013 memo linking senior teachers’ promotion to that of junior teachers. The court observed that the matter was no longer res integra, as the earlier judgment settled the issue, and directed the District Education Officer, Katihar, to decide the pending representations of the petitioners in light of that judgment within three months, after hearing them. The court further ordered that any relief granted by the DEO be implemented within three months of the final order.
Issues considered
- Whether the pending representations of the petitioners for promotion should be decided in accordance with the earlier judgment in CWJC No.15610/2018.
- Whether the memo dated 24‑02‑2023 restricting promotion benefits to teachers recommended before 2019 is violative of the earlier High Court order and the principle that one cannot take advantage of his own wrong.
- Whether the court should issue mandamus directing the respondents to implement the 2013 memo linking senior teachers’ promotion to junior teachers’ promotion.
Subjects
- promotion
- graduate trained pay scale
- headmaster scale
- mandamus
- certiorari
- Bihar education service
- administrative law
- equal treatment
- pending representations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4415 of 2026
======================================================
1. Md. Masoom Raza Son of Late Zahid Hussain, Resident of Mohalla-
Barbanna, Ward No. 29, Post Office- Katihar, Police Station- Nagar Thana
Katihar, District- Katihar. At present posted and working as Headmaster in
Govt. Upgraded Middle School Ramnagar Sarwala, Anchal- Katihar,
District- Katihar.
2. Md. Faruque Durrani, Son of Late Md. Wali Hassan, Resident of Choudhary
Mohalla, Police Station- Katihar, District- Katihar. At present posted and
working as Headmaster in Govt. Upgraded Middle School Tajganj Chilmara,
Anchal- Katihar, District- Katihar.
3. Kundan KUmar, Son of Sri Anirudh Prasad Yadav, Resident of Village-
Mavaiya Bishanpur, Post Office- Bishanpur, Police Station- Korha, District-
Katihar. At present posted and working as Headmaster in Govt. Middle
School Nakkipur, Anchal- Korha, District- Katihar.
4. Md. Tarique Yousuf, Son of Md. Manjoor Yousuf, Resident of Choudhary
Mohalla, Police Station- Katihar, District- Katihar. At present posted and
working as Headmaster in Govt. Upgraded Middle School Fulhara, Anchal-
Katihar, District- Katihar.
5. Ajay Kumar, Son of Late Khagendra Prasad Mandal, Resident of Village-
Adhkeli, Post Office- Babhani, Police Station- Sadar, District- Purnea.
Address as per Aadhar, Grain Shop Para, Near Santoshi Chowk, Police
Station- Town Katihar, District- Katihar. At present posted and working as
Headmaster in Govt. Middle School Batheli, Anchal- Katihar, District-
Katihar.
... ... 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, Govt. of Bihar, Patna.
3. The Additional Chief Secretary-cum-the Principal Secretary, Finance
Department, Govt. of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The Regional Deputy Director of Education, Purnea Division, Purnea.
6. The District Education Officer, Katihar.
7. The District Programme Officer (Establishment), Katihar.
8. The District Accounts Officer, Katihar.
9. The District Treasury Officer, Katihar.
... ... Respondent/s
Patna High Court CWJC No.4415 of 2026(2) dt.07-04-2026
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======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra, Advocate
For the Respondent/s : Mr.Anjanaja Singh, A.C. to AAG-13.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioners and learned
counsel appearing on behalf of the respondent-State.
2. With consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioners have prayed for grant of following
relief :-
“(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 graduate trained pay
scale since 2002 i.e. after completion of eight years of
service and the scale of Headmaster since 2007 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 petitioners had been appointed through Bihar
Public Service Commission, Bihar, Patna in the year
1994 but their promotion in the graduate trained pay
scale and in the scale of Headmaster has not been
shifted from the due date of their entitlement even
though several similarly situated teachers in the district
of Katihar have already been given the promotion from
the due date of their entitlement along with all
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consequential and monetary benefits.
(II) For issuance of an appropriate writ in
the nature of certiorari for quashing the part of memo
no. 218 dated 24.02.2023 issued by the Director,
Primary Education, Govt. of Bihar, Patna, if that is
coming in the way, 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, who were appointed along with the
petitioners in the year 1994 have been extended the
benefits of graduate trained pay scale and the scale of
Headmaster and 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 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
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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 of promotion of graduate trained
pay scale and the scale of Headmaster by shifting the
said promotion from the due date of their entitlement
since when several similarly situated /junior to the
petitioners have been provided the promotion in the
graduate trained pay scale and the scale of
Headmasters.
(IV) For issuance of an appropriate writ in
the nature of mandamus for commanding and directing
the respondents for implementation of 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.”
4. Learned counsel appearing for the petitioners
submits that the issue involved in the present writ application is
no longer res integra as the same has already been decided and
settled in C.W.J.C. No.15610 of 2018 (Raghvendra Kumar &
Ors. Vs. State of Bihar and Others). He further submits that
for seeking aforesaid relief claimed in the present writ
application, the petitioners have already filed representation
vide Annexure-11, 12 and 13 before the District Education
Officer, Katihar and the same continues to be pending. He
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accordingly prays that the petitioners would be satisfied if an
appropriate direction could be issued by this Court for disposing
of the pending representations of the petitioners in light of the
Judgment of this Court passed in C.W.J.C. No.15610 of 2018
Raghvendra Sharma & Ors. Vs. State of Bihar & Ors.) after
giving an opportunity of hearing to the petitioners within a fixed
time frame.
5. To the aforesaid submissions made by learned
counsel for the petitioners, learned counsel appearing on behalf
of the respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioners, this writ application
stands disposed of directing the District Education Officer,
Katihar to dispose of the pending representations of the
petitioners brought on record by way of Annexure 11, 12 and 13
in light of judgment of this Court delivered in C.W.J.C.
No.15610 of 2018 (Raghvendra Sharma & Ors. Vs. State of
Bihar & Ors.) within a period of three months from the date of
receipt / production of a copy of this order after giving an
opportunity of hearing to the petitioners.
7. Needless to emphasize that the final order which
shall be passed by the District Education Officer, Katihar should
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be reasoned and speaking order.
8. It is further made clear that in case the petitioners
are found entitled to the relief which the petitioners have
claimed through representations, then the same should be
extended to the petitioners within a maximum period of three
months from the date of passing of the final order by the District
Education Officer, Katihar.
9. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been
disposed of.
(Alok Kumar Sinha, J)
sanjeev/-
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