Patna High Court
Virendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the respondents must verify and, if justified, grant the petitioners' entitlement to graduate‑trained pay scale, promotion to Head Master, and corresponding pension revisions within eight weeks, in compliance with the earlier High Court orders.
Summary
The petitioners, three former teachers, filed writ petitions seeking to quash an Office Order dated 24‑05‑2025 and to compel the State of Bihar to grant them graduate‑trained pay scale, promotion to Head Master, and related pension and terminal benefits as ordered in earlier High Court judgments. They argued that despite being placed on the graduate‑trained list, they were not considered for Head Master vacancies and the authorities had not prepared year‑wise seniority and vacancy lists. The State contended that the petitioners' entitlement to the pay scale had already been adjudicated and only a final decision on promotion was pending. The Court directed the Regional Education Director to examine the petitioners' claims, confirm their entitlement to the graduate‑trained pay scale, and, if justified, issue the promotion to Head Master and revise pension benefits within eight weeks. Upon completion, the Court ordered the Accountant General to process the pension revisions and disposed of the writ petitions.
Issues considered
- Whether the Office Order dated 24‑05‑2025 is contrary to the earlier High Court judgment in CWJC 15610/2018 and therefore liable to be quashed.
- Whether the petitioners are entitled to graduate‑trained pay scale and promotion to Head Master under the Bihar Primary Teachers (Promotion) Rules, 1990 as interpreted in prior case law.
- Whether the respondents are obligated to revise the petitioners' pension and other terminal benefits in accordance with the revised pay scale.
- Whether a writ of mandamus can be issued to compel the respondents to comply with the earlier judgments.
Subjects
- Graduate trained pay scale
- Promotion to Head Master
- Mandamus
- Pension revision
- Bihar Primary Teachers (Promotion) Rules, 1990
- Writ of certiorari
- Seniority list
- Education department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4423 of 2026
======================================================
Chandra Bhushan Prasad S/o Late Radha Ballabh Das, Resident of Village-
Laxmipur, P.S.- Madhepur, District Madhubani, presiding residing at C/o Dr.
Prof. Gagan Dev Prasad, Alkapuri Road No.- 2, Near Aryabhatta School,
District Muzaffarpur, 842001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Regional Education Director, Laheria Sarai, Darbhanga.
3. The District Magistrate, Madhubani, Bihar.
4. The District Education Officer, Madhubani, Bihar.
5. The District Programme Officer (Establishment), Madhubani, Bihar.
6. The Accountant General, Bihar Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4425 of 2026
======================================================
Raman Kumar Das S/o Late Tarakant Das, Retired Teacher, R.K. Middle
School, Jhanjharpur, Resident of Ward No.- 11, Jhanjharpur, P.S. Jhanjharpur,
District- Madhubani, Bihar, presently residing at Mohalla Krishna Nagar
Shaidnagar (near Gahwar) ward no.- 40, P.O. and P.S.- Laheria Sarai, District-
Darbhanga Pin- 846001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Regional Education Director, Laheria Sarai, Darbhanga.
3. The District Magistrate, Madhubani, Bihar.
4. The District Education Officer, Madhubani, Bihar.
5. The District Programme Officer (Establishment), Madhubani, Bihar.
6. The Accountant General, Bihar Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4426 of 2026
======================================================
Patna High Court CWJC No.4423 of 2026(2) dt.31-03-2026
2/6
Virendra Kumar S/o Late Satyadev Mahto, Resident of Mohalla- New
Chakdah, Near Railway Gumti No.- 12, P.S.- Rajnagar, District Madhubani,
Bihar, 847211.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Regional Education Director, Darbhanga.
3. The District Magistrate, Madhubani.
4. The District Education Officer, Madhubani.
5. The District Programme Officer (Establishment), Madhubani.
6. The Accountant General Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 4423 of 2026)
For the Petitioner/s : Mr. Amarendra Narayan, Advocate
For the Respondent/s : Mr. Sarvesh Kr. Singh AAG (13)
For the AG : Mr. Sunil Kumar Singh, Advocate
Mr. Divyani Singh, Advocate
(In Civil Writ Jurisdiction Case No. 4425 of 2026)
For the Petitioner/s : Mr. Amarendra Narayan, Advocate
For the Respondent/s : Mr. Sarvesh Kr. Singh AAG (12)
(In Civil Writ Jurisdiction Case No. 4426 of 2026)
For the Petitioner/s : Mr. Amarendra Narayan, Advocate
For the Respondent/s : Mr. Subhash Pd. Singh, GA(03)
Mr. Shiv Kumar, AC to GA-5
For the AG : Mr. Ram Kinkar Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i) Issuance of writ of appropriate nature,
order or direction, quashing Office Orders
contained in Memo No. 2251 dated 24.05.2025
issued by the District Education Officer
(Establishment), Madhubani which is not in terms
Patna High Court CWJC No.4423 of 2026(2) dt.31-03-2026
3/6
of the Order of this Hon'ble Court passed in CWJC
15610/2018 (Raghvendra Sharma and Others v.
the State of Bihar & Ors) under which respondents
were directed to conduct an exercise for granting
promotional pay scale of Graduate teacher and
promotion to the post of Head Master after
determination of year wise vacancies for each year
up to 2011 in accordance with 1993 promotion
rules and the Full Bench Judgment (Ramnath
Prasad Singh va State of Bihar (2009 (3) PLJR.,
384) within the schedule time fixed for completing
entire exercise. The petitioner figures at serial 3 in
the list and has been given graduate trained scale
w.e.f. 1.04.1996 but has not been considered for
promotion to the post of Head Master (HM) in the
vacancy 2000 or afterwards, for which he was
entitled to be considered. The respondents have not
prepared year wise seniority list and yearly
vacancy of the post of Head Master incorporating
retired teachers and considering them for
promotional post of Head Master for extending
them benefits of this post.
(ii) Issuance of writ of an appropriate
nature, more particularly a writ in the nature of
Mandamus, order or direction commanding
respondents to consider petitioner for the post of
H.M. while preparing fresh year-wise promotion
lists Science Graduate Te completing 4 years
getting Science Graduate pay scale for their
consideration for the promotional post of Head
Master (HM) strictly in accordance with the Bihar
Primary Teachers (Promotion) Rules, 1990, as
ordered by this Hon'ble Court in the case
Raghvendra Sharma. (CWJC 15610/2018) and
Full Bench Judgment of this Hon'ble Court.
(iii) For a direction to the Respondents to
comply with the Patna High Court judgment in
C.W.J.C. No. 15619/2018 (Raghvendra Sharma
&Ors. vs. State of Bihar) in letter and spirit
Patna High Court CWJC No.4423 of 2026(2) dt.31-03-2026
4/6
extending all benefits to the petitioner with
consequential difference of salary and allowances
payable to the petitioner after taking into account
yearly increment in revised pay scale and D.A. to
the petitioner after shifting his date of granting
Graduate Pay Scale effective from 01.04.1996 in
place of 28.6.09.2012 and those of difference of
salary and allowances she granting promotional
post of HM consequential re-fixation of pay and
allowances of ACP/MACP applicable thereto on
account of shifting his date of granting Science
Graduate pay scale from 28.06.2012 to 1.04.94 as
also the post of Head Master.
(iv) For an order/direction to the
respondents to revise and re-fix consequential
enhancement in monthly pension and to pay
difference Pension and other terminal benefits of
Gratuity and leave encashment calculated as per
revised pay scale and allowances payable at the
time of retirement.
(v) For a direction to pay all arrears of
difference of salary and terminal benefit along with
interest at the rate of 12% p.a. for the entire
delayed period.
(vi) Pass any other order(s) as this Hon'ble
Court may deem fit and proper in the interest of
justice.
3. Learned counsel for the petitioners submits that in
view of the judgment rendered by the Hon’ble Division Bench
in the case of Raghvendra Sharma & Ors v. State of Bihar &
Ors, CWJC No. 15610 of 2018 , the petitioners case for grant of
graduate trained pay-scale was considered by publishing
provincial list vide Annexure-P/2 and followed with final list
Patna High Court CWJC No.4423 of 2026(2) dt.31-03-2026
5/6
having been notified, which is appended with the writ petition
as Annexure-P/3. It has next been submitted that despite these
petitioners having been found entitled for grant of graduate
trained pay-scale, the promotional benefits, has till date not been
paid. It has next been submitted that once the petitioner’s
eligibility has been considered for grant of trained pay-scale and
necessary decisions have already been taken, then the case of
these petitioners becomes entitled for being considered for the
post of Head-Master on completion of 4 years after having
remained in the said pay-scale but for unexplained reasons, the
same has not been considered.
4. On the other hand, learned counsel for the State
submits that since the petitioners entitlement has already been
adjudicated and necessary orders have been passed with regard
to graduate trained pay-scale and if the petitioner has already
completed 4 years of his service in the said pay-scale, then the
authorities may be directed to take a final decision with regard
to grant of benefits and as also with regard to his entitlement to
the post of Head-Master by fixing a time-line.
5. Considering the submission of the parties, this
Court finds it appropriate to direct the Regional Education
Director, Laheria Sarai, Darbhanga, to examine the claim of this
Patna High Court CWJC No.4423 of 2026(2) dt.31-03-2026
6/6
petitioner and on finding the petitioner’s claim to be justified
insofar as the benefits of graduate trained pay-scale is
concerned, which issues have been settled by the authorities and
necessary orders have already been passed, then by issuing
appropriate directions, the benefits of graduate trained pay-scale
shall be ensured and with regard to other claim of consideration
on the post of Head-Master and on finding the petitioner’s
eligibility and the entitlement, at par with others, necessary
orders shall be passed and the same shall also be communicated
by completing the entire exercise within a further period of eight
weeks from the date of filing of detailed representation, in
accordance with law.
6. It goes without saying that once such exercise is
completed, then order for appropriate revision in pension, shall
also be passed and the same shall be communicated to the
Office of Accountant General for carrying out the necessary
formalities.
7. Accordingly, the writ petition stands disposed.
(Ajit Kumar, J)
sharun/-
U
Checking your session…