Patna High Court
Jai Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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/-
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