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Patna High Court

Chandrakanta SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                  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
                                                       3/3




                     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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