Patna High Court

Pushpa KumariversusThe State of Bihar

Decided: 2 April 2026
Disposal: DISPOSED
Bench: ALOK KUMAR SINHA

Holding

The writ petition is disposed of in terms of the judgment in CWJC No. 2690 of 2026, directing the concerned district authorities to consider the petitioner’s pending representation and pass a reasoned order.

Summary

Pushpa Kumari, an assistant teacher employed since 1994, filed a writ petition seeking promotion to the graduate‑trained pay scale and subsequently to the headmaster scale on the basis of her Sahitya Alankar qualification, invoking earlier High Court orders (CWJC 15610/2018 and CWJC 16183/2012) that granted similar benefits to other teachers. She contended that a recent letter dated 27‑02‑2023 limiting the promotion only to teachers already recommended was arbitrary and violated the principle that one cannot benefit from his own wrong. Both parties consented to dispose of the petition by referring to a later judgment (CWJC 2690/2026) which directed the District Education Officer and District Programme Officer to decide her pending representation within three months and to issue a reasoned order. The court did not grant the specific promotion relief but ordered the authorities to consider her claim in accordance with the earlier precedent. The writ application was therefore disposed of in terms of the CWJC 2690/2026 judgment.

Issues considered

Whether the petitioner is entitled to promotion to the graduate‑trained pay scale and headmaster scale under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993, in view of her Sahitya Alankar qualification.
Whether the direction limiting promotion only to teachers already recommended is valid and consistent with earlier High Court judgments.
Whether the petitioner’s pending representation should be disposed of by the district authorities as directed by the court.

Subjects

teacher promotion
graduate trained pay scale
mandamus
certiorari
Bihar education law
qualification recognition
seniority

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4528 of 2026
======================================================
Pushpa Kumari Wife of Shri Shashikant Kumar, Resident of Village
Rahampur, Basant, Police Station Garkha, District - Saran at Chapra. At
present posted and working as an Assistant Teacher in Govt. Middle School
Rahampur, Anchal Garkha, 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.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra
For the State : Mr.Addl. Advocate General (05)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER

2 02-04-2026 Heard the learned counsel for the petitioner and the

learned counsel appearing for the respondent-State.

2. With the consent of the parties, this writ application

is being disposed of at this stage itself.

3. The petitioner, in the present writ application has

prayed for grant of following reliefs:-
Patna High Court CWJC No.4528 of 2026(2) dt.02-04-2026
2/7

“1. For issuance of an appropriate writ in the
nature of mandamus for commanding and the
respondent authorities concerned to consider
and promote the petitioner in the scale of
graduate trained pay on the basis of her
qualification of Sahitya Alankar (equivalent to
graduation) from Hindi Vidyapeeth, Deoghar,
Jharkhand after eight years of service in
matric trained pay scale i.e. since 2002 and
thereafter in the scale of Headmaster from the
due date of her entitlement 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 on 19.09.1994 on the basis of her
recommendation by the Bihar Public Service
Commission, Bihar, Patna and had passed
Sahitya Alankar from Hindi Vidyapeeth
Deoghar, Jharkhand in the year 2000 and as
the said degree is recognized upto 2016 for all
purposes as per the decision of CWJ.C. No.
16183/2012 (Raj Ranjan and Others vs. the
State of Bihar and Others), the petitioner is
entitled for grant of promotion in the scale of
graduate trained pay on the basis of her
qualification of Sahitya Alankar from Hindi
Patna High Court CWJC No.4528 of 2026(2) dt.02-04-2026
3/7

Vidyapeeth, Deoghar, Jharkhand and also the
scale of Headmaster from the due date of her
entitlement as several similarly situated
teachers' or even junior to the petitioner, who
were appointed in the year 1994 eight through
Bihar Public Service Commission, Bihar,
Patna have already been given the actual
benefits under the aforesaid order the Hon'ble
High Court but the petitioner has been
deprived till date and furthermore, the
aforesaid teachers of C.W.J.C. No.
16183/2012 (Raj Ranjan and Others vs. the
State of Bihar and Others), have already been
extended the benefits of graduate trained pay
scale and the scale of Headmaster and the
petitioner being similarly situated teacher, she
is also entitled for same and similar relief
under Bihar Litigation Policy, 2011 Rule 4 (C)
II. For issuance of an appropriate writ in the
nature of certiorari for quashing the part of
letter no. 218 dated 27.02.2023 issued by
Letter 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
Patna High Court CWJC No.4528 of 2026(2) dt.02-04-2026
4/7

graduate trained pay, 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 she was having the
qualification of Sahitya Alankar from Hindi
Vidyapeeth, Deoghar, Jharkhand had earlier
been deprived of her promotion and, therefore,
such a direction that only those teachers,
provided the promotion will be given the
benefits of order passed in CWJC No.
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
Patna High Court CWJC No.4528 of 2026(2) dt.02-04-2026
5/7

of Bihar and Others) and grant all monetary
and consequential benefits by providing the
aforesaid scale le graduate trained pay on the
basis of her qualification of Sahitya Alankar
from Hindi Vidyapeeth, Deoghar, Jharkhand
since 2002 or since when several similarly
situated /junior to the petitioner have been
extended the said benefit and also to provide
the scale of Headmaster from the due date of
her entitlement.
IV. For issuance of an appropriate writ in the
nature of mandamus for commanding and
directing the respondent authorities concerned
to implement the direction of the Director,
Primary Education, Bihar, Patna by which,
there is direction for compliance 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) for
providing the benefits of graduate trained pay
scale and the scale of Headmaster as per
Bihar Nationalized Elementary Teachers
Promotion Rule, 1993 and also for
implementation of 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 and similar benefits from the
date since when the juniors have been granted
Patna High Court CWJC No.4528 of 2026(2) dt.02-04-2026
6/7

the said benefits.
V. 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. While advancing argument, the learned counsel for

the petitioner submits that the issue involved in the present writ

application is squarely covered by a judgment and order dated

19.02.2026 passed in CWJC No. 2690 of 2026 and, therefore,

he humbly prays that the present writ application be disposed of

in terms of the said judgment.

5. The learned counsel appearing for the respondent-

State, after going through the judgment and order dated

19.02.2026 passed in CWJC No. 2690 of 2026, submits that he

has no objection to the submission being made by the learned

counsel for the petitioner.

6. Considering the submissions made by both the

parties, the present writ application is disposed of in terms of the

judgment and order dated 19.02.2026 passed in CWJC No. 2690

of 2026 and this writ application is disposed of, directing the

District Education Officer, Saran at Chapra and the District

Programme Officer (Establishment) Saran at Chapra to dispose

of the pending representation of the petitioner dated 24.09.2024
Patna High Court CWJC No.4528 of 2026(2) dt.02-04-2026
7/7

(Annexure-P/18) within three months from the date of

receipt/production of a copy of this order by the petitioner, after

giving an opportunity of hearing to the petitioner.

7. Needless to emphasize that the final order, which

would be passed by the District Education Officer, Saran at

Chapra and the District Programme Officer (Establishment)

Saran at Chapra, should be a reasoned and speaking order.

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

found entitled to the reliefs, the shall be extended to the

petitioner within a further period of one month from the date of

passing of the final order.

9. With the aforesaid observation/direction, the

present writ application stands disposed of.

10. All pending interlocutory application(s), if any,

shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J)

HR/-

Continue reading with your account

Checking your session…