Patna High Court
Mohammad Murtuza AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court directed the petitioner to file a representation before the District Teachers Promotion Committee and ordered the authority to adjudicate the promotion grievance within a stipulated time, without granting immediate promotion relief.
Summary
The petitioner, a retired assistant teacher, filed a writ petition seeking direction for his promotion to the graduate‑trained pay‑scale after eight years in the matric‑trained scale and subsequently to the Headmaster scale after five years, pursuant to the Bihar Nationalized Elementary Teacher Promotion Rules, 1993. He relied on the earlier judgment in Raghavendra Sharma v. State of Bihar (C.W.J.C. No.15610 of 2018) and a letter dated 27‑02‑2023 from the Director of Primary Education directing compliance with that judgment. The State argued that the matter should be decided strictly according to the ratio of the earlier case. The Court held that the petitioner must first file a representation before the District Education Officer‑cum‑Chairman of the District Teachers Promotion Committee, attaching all relevant documents and judgments, and that the authority must adjudicate the grievance within eight weeks and extend any benefits within four weeks thereafter. Accordingly, the writ petition was disposed of without granting immediate relief, pending the petitioner’s representation.
Issues considered
- Whether the petitioner is entitled to promotion in the graduate‑trained pay‑scale and subsequently to the Headmaster scale as per the Bihar Nationalized Elementary Teacher Promotion Rules, 1993.
- Whether the court can direct the administrative authority to consider the petitioner’s representation and adjudicate the promotion grievance in accordance with the earlier judgment in Raghavendra Sharma.
Subjects
- teacher promotion
- Bihar education rules
- service benefits
- writ petition
- administrative law
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4551 of 2026
======================================================
Mohammad Murtuza Ansari son of Late Jalil Ansari, resident of Village
-Basatpur, Police Station - Dighwara, District - Saran at Chapra. Retired while
working as an Assistant Teacher from Govt. Upgraded Middle School Chattar
Chapra, 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, Adv.
For the State : Mr. Advocate General
For the AG : Mrs. Nivedita Nirvikar, Sr. Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 02-04-2026 Learned counsel for the petitioner and learned counsel
for the State are present.
Patna High Court CWJC No.4551 of 2026(2) dt.02-04-2026
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2. Learned counsel for the petitioner has filed this writ
petition seeking direction upon the respondent-authority to shift
the date of promotion in graduate trained pay-scale
(Science/Arts) and in the scale of Headmaster from the due date
of their entitlement i.e. promotion in the scale of graduate
trained pay (Science/Arts) after completion of 8 years in matric
trained pay scale and thereafter in the scale of Headmaster after
completion of 5 years of service in graduate trained pay-scale
(Science/Arts), as per the Bihar Nationalized Elementary
Teacher Promotion Rules, 1993.
3. Learned counsel for the petitioner next submits that
the issue with regard to the grant of promotion in graduate
trained pay-scale has already been settled in C.W.J.C. No.15610
of 2018, Raghavendra Sharma and Others v. The State of
Bihar and Others and the Director of Primary Education has
already issued a letter dated 27.02.2023 directing all the Bihar
Education Office and District Education Programme Officer to
comply the direction issued in the aforesaid case and the said
letter dated 27.02.2023 is appended in the writ petition as
Annexure-6.
4. On the other hand, learned counsel for the State
submits that the case may be directed to be considered strictly in
Patna High Court CWJC No.4551 of 2026(2) dt.02-04-2026
3/4
terms of the ratio laid down in Raghavendra Sharma (supra)
and necessary order be passed in accordance with law.
5. Since, the issues have already been crystallized in
the aforementioned case and, consequently, the letter has also
been issued by the Directorate of Primary Education vide letter
dated 27.02.2023, the petitioner’s representation is required to
be considered by the respondents concerned, addressing their
grievances, taking into account the judgment rendered in the
regard referred above.
6. Considering the submission of the learned counsel
for the State that the petitioner should be directed to file
representation appending all documents which are necessary for
adjudication of the relief sought in the writ petition, the
petitioner is directed to file a representation before the District
Education Officer -cum- the Chairman of District Teachers
Promotion Committee, Saran at Chapra (respondent no.6)
within a period of four weeks from today, appending all
supportive materials / documents including the judgments which
is being relied on by the petitioner seeking same and similar
relief and, on submission of such representation, within further
eight weeks, the grievances shall be adjudicated and necessary
orders shall be passed in this regard and the consequential
Patna High Court CWJC No.4551 of 2026(2) dt.02-04-2026
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benefits, which accrues to the petitioner, the same shall be
extended to the petitioner within a period of four weeks
thereafter.
7. Accordingly, the writ application stands disposed of.
(Ajit Kumar, J)
rishi/-
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