Patna High Court

Anil Kumar ThakurversusThe State of Bihar

Decided: 9 April 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The Court directed the petitioners to file detailed representations for consideration of their promotion grievances and disposed of the writ application.

Summary

A group of eleven government school headmasters appointed in 1994 filed a writ petition seeking promotion to the graduate‑trained pay scale and the Headmaster scale, claiming entitlement under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993 and the High Court's decision in Raghvendra Sharma v. State of Bihar (2018). They alleged that a memo dated 32.02.2023 issued by the Director of Primary Education restricted such promotions to teachers recommended before 2019, thereby discriminating against them despite similarly situated teachers in other districts receiving the benefits. The State argued that the petition should be decided strictly according to the ratio of the 2018 judgment. The Court noted that the substantive issues had already been settled and that the Directorate had issued a compliance letter on 27.02.2023. Consequently, the Court directed the petitioners to file detailed individual representations within four weeks, after which the grievances would be adjudicated and any consequential benefits granted, and disposed of the writ application.

Issues considered

Whether the petitioners are entitled to promotion in the graduate‑trained pay scale and Headmaster scale as per the 1993 promotion rule and the 2018 High Court judgment.
Whether memo No. 218 dated 32.02.2023, limiting promotions to teachers recommended before 2019, is violative of the earlier judgment and principles of equity.
Whether the directive in memo No. 592 dated 10.05.2013, linking senior teachers' promotion to that of junior teachers, applies to the petitioners.

Subjects

promotion
graduate trained pay scale
Headmaster scale
writ jurisdiction
education service rules
Bihar
equal treatment
government teachers

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5167 of 2026
======================================================
1. Anil Kumar Thakur Son of Late Vinod Thakur, Resident of Village-Mir-
chaibari, Ward No. 01, Post Office Mirchaibari, Police Station Katihar, Dis-
trict Katihar. At present posted and working as Headmaster in Govt. Up-
graded Middle School Pekha, Anchal - Kohra, District - Katihar.
2. Md. Anwar Karim Son of Late Mofijuddin Ahmad, Resident of Village-Mir-
chaibari, Ward No. 04, Post Office - Katihar, Police Station Katihar, District
- Katihar. At present posted and working as Headmaster in Govt. Middle
School Hasanganj, Anchal Hasanganj, District - Katihar.
3. Raj Kishore Mandal Son of Sri Nawal Kishore Mandal, Resident of Village-
Adhkaili, Post Office - Babhani, Police Station - Dagarua, District - Katihar.
At present posted and working as Headmaster in Govt. Upgraded Middle
School Rauniya, Anchal Kadwa, District - Katihar.
4. Pravin Kumar Das Son of Khageshwar Prasad Das, Resident of Village-
Baghar, Post Office - Mahishal, Police Station -Balrampur, District - Kati-
har. At present posted and working as Headmaster in Govt. Middle School
Mehishal, Anchal - Balrampur, District -Katihar.
5. Aquilur Rahman, Son of Md. Rajiuddin, Resident of Village-Dakiryahanpur,
Post Office Kuraila Bangra, Police Station Kadwa, District Katihar. At
present posted and working as Headmaster in Govt. Upgraded Middle
School Raiyanpur (West), Anchal - Kadwa, District - Katihar.
6. Bhola Prasad Mandal, Son of Jagdish Mandal, Resident of Mohalla- Shanti
Tola, Fasiya, Ward No. 44, Post Office- Teengachhiya, Police Station - Kati-
har, District -Katihar. At present posted and working as Headmaster in Govt.
Upgraded Middle School Dherua West, Anchal - Hasanganj, District- Kati-
har.
7. Upendra Kumar Rajak Son of Newalal Rajak, Resident of Village-Marangi,
Post Office - Mansahi, Police Station Mansahi, District - Katihar. At present
posted and working as Headmaster in Govt. Upgraded Middle School
Rakhatola, Anchal- Mansahi, District - Katihar.
8. Devpriya, Son of Sushil Chandra Mandal, Resident of Village-Chakla
Maulanagar, Police Station- Pothiya, District- Katihar. At present posted and
working as Headmaster in Govt. Upgraded Middle School Maulanagar, An-
chal - Sameli, District - Katihar.
9. Naresh Kumar Singh, Son of Late Baikunth Singh, Resident of Village-Bag-
dar, Post Office - Mukuriya, Police Station- Salmari, District - Katihar. At
present posted and working as Headmaster in Govt. Middle School Jigin,
Anchal - Azamnagar, District - Katihar.
10. Mahfooz Ansar, Son of Sheikh Sahabuddin, Resident of Village-Sahjana,
Post Office- Porla, Police Station- Azamnagar, District - Katihar. At present
posted and working as Headmaster in Govt. Upgraded Middle School Sajna,
Anchal -Azamnagar, District - Katihar.
11. Ajay Kumar Mishra, Son of Jagtanand Tiwari, Resident of Village-Dwashay,
Post Office - Dwashay, Police Station - Dandkhora, District - Katihar. At
present posted and working as Headmaster in Govt. Middle School Rautara,
Patna High Court CWJC No.5167 of 2026(2) dt.09-04-2026
2/6

Anchal - Kohra, District- Katihar.
12. Arjun Kumar Son of Late Adhik Prasad Rai, Resident of Mohalla- Officer
Colony, Post Office- Katihar, Police Station- Katihar, District - Katihar. At
present posted and working as Headmaster in Govt. Upgraded Middle
School Singhiya, Anchal- Amdabad, District - Katihar.
13. Badal Kumar Rai Son of Late Dhaneshwar Rai, Resident of Village-Dhol-
mara, Post Office - Salmari, Police Station - Salmari, District - Katihar. Re-
tired while working as Headmaster in Govt. Upgraded Middle School
Narayanpur, Anchal- Azamnagar,District-Katihar.

... ... 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 De-
partment, Govt. of Bihar, Patna.
3. The Additional Chief Secretary -cum-the Principal Secretary, Finance De-
partment, Govt. of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The Regional Deputy Director of Education, Purnea Division, Purnea.
6. The District Education Officer, Katihar.
7. The District Programme Officer (Establishment), Katihar.
8. The District Accounts Officer, Katihar.
9. The District Treasury Officer, Katihar.
10. The Accountant General, Birchand Patel Path, Bihar, Patna.
11. 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
For the Respondent/s : Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER

2 09-04-2026 Learned counsel for the petitioners and learned

counsel for the State are present.

2. The instant writ application has been filed for the

following directions:-

(i) For directing the respondent authorities
Patna High Court CWJC No.5167 of 2026(2) dt.09-04-2026
3/6

concerned to shift the date of promotion of the
petitioners in graduate trained pay scale since
2002 i.e. after completion of eight years of service
and the scale of Headmaster from the due date of
their entitlement as per Bihar Nationalized
Elementary Teacher Promotion Rule, 1993 in the
light of the order passed by this 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 petitioners
had been appointed by through Bihar Public
Service Commission, Bihar, Patna in the year 1994
but their promotion in the graduate trained pay
scale and in the scale of Headmaster has not been
shifted from the due date of their entitlement even
though several similarly situated teachers or even
junior to the petitioners in other districts, have
already been given the promotion from the due date
of their entitlement along with all consequential
and monetary benefits.
(ii) For issuance of an appropriate writ in the
nature of certiorari for quashing the part of memo
no. 218 dated 32.02.2023 issued by the Director,
Primary Education, Govt. of Bihar, Patna, if that is
coming in the way, 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 graduate trained pay prior to 2019, as
the direction is not just and proper especially when
several similarly situated teachers, in other
districts who were appointed along with the
petitioners in the year 1994 and junior to the
petitioners have been extended the benefits of
graduate trained pay scale and the scale of
Headmaster and such a direction that only those
Patna High Court CWJC No.5167 of 2026(2) dt.09-04-2026
4/6

teachers, who had already been
recommended and 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 petitioners 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 of Bihar and Others) and grant all
monetary and consequential benefits of promotion
of graduate trained pay scale and the scale of
Headmaster by shifting the said promotion from the
due date of their entitlement since when several
similarly situated/junior to the petitioners have
been provided the promotion in the graduate
trained pay scale and the scale of Headmasters.
(iv) For issuance of an appropriate writ in the
nature of mandamus for commanding and directing
the respondents 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 the said
benefits.
(v) For issuance of any other writ/writs,
order/orders, direction/directions for which the
petitioners will be entitled in the facts and
Patna High Court CWJC No.5167 of 2026(2) dt.09-04-2026
5/6

circumstances of the present case.
3. Learned counsel for the petitioners 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-7.

4. On the other hand, learned counsel for the State

submits that the case may be directed to be considered strictly in

terms of the ratio laid down in Raghavendra Sharma (supra)

and necessary order may be directed to be passed in accordance

with law, if the case of these petitioners are similarly situated

and are equally placed.

5. It is further submitted that 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
Patna High Court CWJC No.5167 of 2026(2) dt.09-04-2026
6/6

judgment rendered in the regard referred above, for which

appropriate direction may be issued.

6. Considering the submission of the parties, this

Court finds it appropriate to direct the petitioners to file

representation for consideration of their grievances.

7. Accordingly, the petitioners are directed to file

individual detailed representations for adjudication of the relief

sought in the writ petition within a period of four weeks from

today, appending all supporting materials/documents along with

the judgment relied upon by them for seeking the same or

similar relief. Upon submission of such representations, the

grievances shall be adjudicated and necessary orders shall be

passed within a period of eight weeks from the date of receipt of

the representations. The consequential benefits, if any, accruing

to the petitioners shall thereafter be extended to them within a

further period of four weeks.

8. Accordingly, the writ application stands disposed of.

(Ajit Kumar, J)
shikha/-

Continue reading with your account

Checking your session…