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Patna High Court

Jai Shankar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of as the issues have already been decided in C.W.J.C. No. 2690/2026, and no further relief is granted.

Summary

The petitioner, a retired graduate‑trained teacher, filed a writ petition seeking mandatory directions for the State of Bihar to shift the date of his promotion to the graduate‑trained pay scale and to the Headmaster scale, relying on his Sahitya Alankar qualification and a post‑graduation degree. He also sought quashing of a memo dated 24‑02‑2023 that limited the benefit of the earlier High Court order (CWJC No. 15610/2018) to teachers already promoted before 2019, arguing it violated principles of equity. The respondent State raised no objection, and the petitioner’s counsel conceded that the issues had already been decided in a recent order (C.W.J.C. No. 2690/2026). The Court, agreeing with the parties, disposed of the writ application by referring to the earlier order, directing the district education authorities to dispose of the petitioner’s pending representations within three months. The Court emphasized that any final order must be reasoned and, if relief is granted, must be implemented within one month. The writ was therefore dismissed without adjudicating the substantive promotion claims.

Issues considered

  • Whether the petitioner is entitled to a shift in the date of promotion to the graduate‑trained pay scale and Headmaster scale based on his qualifications.
  • Whether the memo dated 24‑02‑2023 limiting the benefit of CWJC No. 15610/2018 to teachers promoted before 2019 is legally valid.
  • Whether the matters raised are res integra or have been previously decided in C.W.J.C. No. 2690/2026.

Subjects

  • teacher promotion
  • graduate trained pay scale
  • writ of mandamus
  • certiorari
  • Bihar education service
  • seniority
  • judicial review

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4416 of 2026
                 ======================================================
                 Jai Shankar Prasad Son of Hira Lal Sah, Resident of Village and Post Office-
                 Haraji, Police Station- Awatarnagar, District- Saran at Chapra. Retired while
                 working as Graduate Trained Teacher from Govt. Upgraded Middle School
                 Chakiyatola, 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.
           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, Advocate
                 For the Respondent/s   :     Mr.Additional Advocate General (7)
                 For Accountant General :     Mr. Chaitanya Swaroop, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   07-04-2026                    Heard learned counsel for the petitioner 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.
Patna High Court CWJC No.4416 of 2026(2) dt.07-04-2026
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                       3. The petitioner has 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 petitioner in the scale of graduate
                      trained pay after completion of eight years of service in
                      matric trained pay scale since 2002 on the basis of his
                      qualification    of    Sahitya     Alankar   from   Hindi
                      Vidyapeeth, Deoghar, Jharkhand, which is equivalent
                      to graduation and to provide the scale of Headmaster
                      from the due date of his entitlement on the basis of
                      qualification of post-graduation from Nalanda Open
                      University, Bihar, Patna in the year 2008 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 had joined as an Assistant Teacher through
                      Bihar Public Service Commission, Bihar, Patna on
                      19.09.1994 on the basis of his recommendation by the
                      Bihar Public Service Commission, Bihar, Patna in the
                      year 1994, having BPSC merit rank 44 and had 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) and thus the
                      petitioner is entitled for shifting the date of his
                      promotion in the scale of graduate trained pay on the
Patna High Court CWJC No.4416 of 2026(2) dt.07-04-2026
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                    basis of his qualification of Sahitya Alankar from Hindi
                    Vidyapeeth,      Deoghar,      Jharkhand       and   also   for
                    promotion in the scale of Headmaster from the due date
                    of his entitlement as several similarly situated teachers'
                    or even junior to the petitioner, who were 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 petitioner has been deprived date.
                                 ll. 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, 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 petitioner in the year 1994 and junior to the
                    petitioner have been extended the benefits of graduate
                    trained pay scale and the scale of Headmaster and
                    since the petitioner only because he is 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 been teachers, who had
                    already recommended and provided the promotion will
                    be given the benefits of order passed in CWJC No.
Patna High Court CWJC No.4416 of 2026(2) dt.07-04-2026
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                    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 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 by providing the aforesaid scale i.e. graduate
                    trained pay on the basis of his qualification of Sahitya
                    Alankar from Hindi Vidyapeeth, Deoghar, Jharkhand
                    and the scale of Headmaster on the basis of his
                    qualification of post graduation from Nalanda Open
                    University in the year 2008, from the due date of his
                    entitlement since when several similarly situated
                    /junior to the petitioner has been extended the said
                    benefit according to the seniority rank determined by
                    the Bihar Public Service Commission, Bihar, Patna.
                                 IV. For issuance of an appropriate writ in
                    the nature of mandamus for commanding and directing
                    the respondent authorities concerned to implement 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
Patna High Court CWJC No.4416 of 2026(2) dt.07-04-2026
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                    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 petitioner for shifting the date of his promotion in
                    graduate trained pay scale on the basis of his
                    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, differences
                    of arrears of pensionary benefits as also to revise his
                    monthly pension, as he has retired on 31.05.2024 while
                    discharging his duties as Graduate Trained Teacher in
                    Govt. Upgraded Middle School Chakiyatola, Anchal -
                    Dighwara, District - Saran at Chapra.
                                 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 appearing for the petitioner

          submits that the issue involved in the present writ application is

          no longer res integra and similar issues has been considered and

          decided by order dated 19.02.2026 passed in C.W.J.C. No.2690

          of 2026 by this Court. He, therefore, submits that the present

          writ application may be disposed of in terms of the said order.

                      5. To the aforesaid submissions made by learned

          counsel for the petitioner, learned counsel appearing on behalf
Patna High Court CWJC No.4416 of 2026(2) dt.07-04-2026
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          of the respondent-State does not have any objection.

                      6. In light of the submissions made by the parties, this

          writ application is disposed of in terms of the order dated

          19.02.2026 passed in C.W.J.C. No.2690 of 2026 (Dilip Kumar

          Singh Vs. State of Bihar & Ors.) and the District Education

          Officer, Saran at Chapra and District Programme Officer

          (Establishment), Saran at Chapra are directed to dispose of the

          pending representations of the petitioner dated 19.07.2025

          (Annexure P-10) 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 petitioner.

                      7. Needless to emphasize that the final order which

          shall be passed by the District Education Officer, Saran at

          Chapra and District Programme Officer (Establishment), Saran

          at Chapra should be reasoned and speaking order.

                      8. It is further made clear that in case the petitioner is

          found entitled to the relief which the petitioner has claimed

          through representations, then the same should be extended to the

          petitioner within a maximum period of one months from the

          date of passing of the final order.

                      9. With the aforesaid observation/direction and liberty

          granted, the present writ application stands disposed of.
            Patna High Court CWJC No.4416 of 2026(2) dt.07-04-2026
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                                  10. All pending I.A.s, if any, is deemed to have been

                      disposed of.



                                                                (Alok Kumar Sinha, J)
sanjeev/-

U


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