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Patna High Court

Sulekha SinghversusThe State of Bihar, through the Addl Chief Secretary,

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                         3/3




                       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

U


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