Patna High Court
Sulekha SinghversusThe State of Bihar, through the Addl Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court ordered the District Programme Officer to determine the petitioner’s claim for promotion and graduate‑trained pay within eight weeks and to issue the appropriate orders if she is entitled.
Summary
The petitioner, a retired assistant teacher, filed a writ petition seeking promotion to the graduate‑trained pay scale and to the post of Head‑Master. She relied on a prior judgment (Raghuvendra Sharma v. State of Bihar) that had granted similar promotions. The State argued that the petitioner’s representation before the District Programme Officer (Establishment) was still pending and that the officer should decide the claim. The court, after hearing both sides, directed the District Programme Officer to adjudicate the petitioner’s claim for both the graduate‑trained pay scale and the Head‑Master promotion within eight weeks and to issue the necessary orders if she is found entitled. The petition was consequently disposed of.
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 District Programme Officer should be directed to decide the petitioner's claim within a specified time frame.
Subjects
- promotion
- graduate trained pay scale
- Head-Master
- writ petition
- education service
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5279 of 2026
======================================================
Sulekha Singh W/o - Ramji Singh, R/o - Mufti Mohalla, Nakhash Chowk, PO
and PS - Hajipur District- Vaishali, retired from the post of Asst. Teacher at
Government Middle School, Chawk Hajipur, District- Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, through 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, Adv.
For the Respondent/s : Government Pleader (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The instant writ petition has been preferred for 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 (Raghuvendra Sharan & Ors v. the State of
Bihar & Ors).
3. At the very outset, learned counsel for the
petitioner submits that the petitioner’s case is covered by the
Patna High Court CWJC No.5279 of 2026(2) dt.15-04-2026
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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 21.02.2026 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, Hajipur, 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 her 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
Court directs the District Programme Officer (Establishment),
Vaishali, Hajipur to adjudicate the claim of this petitioner for
grant of graduate trained pay-scale and as also her entitlement
Patna High Court CWJC No.5279 of 2026(2) dt.15-04-2026
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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)
perwez
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