Patna High Court
Rajendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the Regional Education Director to examine the petitioner’s claim, ensure his entitlement to the graduate trained pay‑scale and promotion to Head Master, and issue the requisite orders within eight weeks, thereby disposing of the petition.
Summary
The petitioner, a graduate teacher, filed a writ petition seeking quashing of Office Order Memo No.2251 dated 24.05.2025 and mandating his promotion to Head Master along with consequential salary, pension and other benefits, invoking earlier High Court orders in Raghvendra Sharma (2018) and Ramnath Prasad Singh (2009). The petitioner alleged that despite being placed on the graduate trained pay‑scale since 1996, he was never considered for promotion to Head Master as required after completing four years in that scale. The State argued that the petitioner’s entitlement to the graduate pay‑scale had already been adjudicated and that the authorities could simply take a final decision on promotion. The Court held that the Regional Education Director must examine the petitioner’s claim, confirm his eligibility for the graduate trained pay‑scale, and, if justified, issue directions for his promotion to Head Master and for the revision of pension and other terminal benefits within eight weeks. Accordingly, the writ petition was disposed, with the Court directing the respondents to comply with the earlier judgments and to communicate the final orders to the Accountant General.
Issues considered
- Whether Office Order Memo No.2251 dated 24.05.2025 is violative of the High Court’s earlier orders and should be quashed.
- Whether the petitioner is entitled to promotion to the post of Head Master under the Bihar Primary Teachers (Promotion) Rules, 1993 after completing four years in the graduate trained pay‑scale.
- Whether the petitioner is entitled to consequential salary, allowances, pension, gratuity and other terminal benefits arising from the delayed promotion.
- Whether the respondents should be directed to prepare year‑wise seniority and vacancy lists as mandated by the earlier judgments.
- Whether a writ of mandamus can be issued to compel the respondents to comply with the earlier High Court orders.
Subjects
- promotion
- graduate trained pay scale
- Head Master
- mandamus
- writ petition
- Bihar Primary Teachers (Promotion) Rules, 1993
- pension revision
- salary arrears
- court order compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4660 of 2026
======================================================
Rajendra Prasad S/o Late Ram Prasad, Resident of Ward No. 12, P.O. and P.S.
Jhanjhaarpur, District- Madhubani.
... ... 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 (Establilshment), Madhubani, Bihar.
6. The Accountant General Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Narayan, Adv.
For the Respondent/s : Mr.Government Advocate (2)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 02-04-2026 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 of the Order of this Hon'ble Court
passed in CWJC 15610/2018 (Raghvendra Sharma vs.
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
Patna High Court CWJC No.4660 of 2026(2) dt.02-04-2026
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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 vs.
State of Bihar (2009 (3) PLJR., 384) within the
schedule time fixed for completing entire exercise.
The petitioner figures at serial 8 in the list and
has been given graduate trained scale w.e.f. 1.04.1996
but has not been considered for promotion on the post
of Head Master (HM) in the vacancy after 2000, 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 Teachers 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, 1993, as ordered by this Hon'ble
Court in the case of 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.
15610/2018 (Raghvendra Sharma &Ors. vs. State of
Bihar) in letter and spirit extending all benefits to the
Patna High Court CWJC No.4660 of 2026(2) dt.02-04-2026
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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 28.06.2012 and those of difference of salary and
allowances after granting promotional post of H.M, &
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
28.06.12 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 petitioner’s case for grant
of graduate trained pay-scale was considered by publishing
provisional list vide Annexure-P/2 and followed with final list
having been notified, which is appended with the writ petition
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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
petitioner and on finding the petitioner’s claim to be justified
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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)
rishi/-
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