Patna High Court
Chandrakanta SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court ordered the respondent authority to adjudicate the petitioner's claim for promotion and, if found entitled, to grant the promotion with all associated benefits.
Summary
Petitioner Chandrakanta Sinha, an assistant teacher, filed a writ petition seeking promotion to the graduate‑trained pay scale and to the post of Head Master, relying on the precedent set in Raghuvendra Sharma v. State of Bihar (CWJC No. 15610 of 2018). The State argued that the petitioner's representation before the District Programme Officer (Establishment) was pending and that the court could direct adjudication in line with the earlier judgment. The High Court noted the pending representation and, invoking the parameters of the 2018 decision, directed the District Programme Officer to determine the petitioner's entitlement and, if confirmed, to issue the promotion order with all consequential benefits within eight weeks. The court also ordered the Accountant General to effect any necessary revisions. Consequently, the writ petition was disposed of after the direction was issued.
Issues considered
- What is the petitioner's entitlement to promotion to the graduate‑trained pay scale and to the post of Head Master under the applicable service rules?
- Whether the earlier judgment in Raghuvendra Sharma v. State of Bihar is applicable to the petitioner's case.
Subjects
- promotion
- graduate trained pay scale
- Head Master
- education service
- writ petition
- civil writ jurisdiction
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4428 of 2026
======================================================
Chandrakanta Sinha W/o- Rameshwar Prasad Singh, R/o- Village and PO-
Senduari, PS- Hajipur Sadar, District- Vaishali, at present Red. as Asst.
Teacher at GMS, Senduri, 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, Advocate
For the Respondent/s : Mr. Advocate General
======================================================
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) 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 2018 (Raghvendra Sharam and ORs.
V/s The State of Bihar and Ors.).
(ii) For further commanding the respondent
authorities to grant her promotion w.e.f. juniors were
Patna High Court CWJC No.4428 of 2026(2) dt.31-03-2026
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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.
3. Learned counsel for the petitioner submits that the
petitioner’s case is covered by the judgment rendered by this
Court in the case of Raghuvendra Sharma & Ors v. State of
Bihar & Ors CWJC No. 15610 of 2018, and the petitioner
being entitled for promotion in graduate trained pay-scale and as
also for the post of Head-Master, for which, an appropriate
representation has already been filed before the District
Programme Officer (Establishment) Vaishali, on 05.02.2026 but,
till date, no decision has been taken.
4. On the other hand, learned counsel for the State
submits that since appropriate representation has already been
filed before the District Programme Officer (Establishment)
Vaishali, which is still pending, as such appropriate directions
may be issued to adjudicate the claim of this petitioner with
regard to grant of graduate trained pay-scale and as also with
regard to his entitlement for being promoted on the post of
Head-Master in accordance with law and as also by appreciating
the parameters fixed by this Court in the case of Raghuvendra
Sharma (supra).
5. Considering the submissions of the parties, this
Patna High Court CWJC No.4428 of 2026(2) dt.31-03-2026
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Court directs the District Programme Officer (Establishment) to
adjudicate the claim of this petitioner for grant of graduate
trained pay-scale and as also his entitlement for grant of
promotion on the post of Head-Master in accordance with law
within a period of eight weeks from the date of production of
copy of this order and in case, the petitioner is found entitled to
such promotion, then necessary order with regard to the benefits
shall also be passed and the same be extended with appropriate
direction for appropriate revision being issued to the Office of
Accountant General, within the same time.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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