Patna High Court

Renu KumariversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: ALOK KUMAR SINHA

Holding

The court held that the petition must be decided in accordance with the earlier order in CWJC No.2690 of 2026, directing the concerned officers to dispose of the pending representation within the stipulated time.

Summary

Renu Kumari, a retired assistant teacher, filed a writ petition seeking promotion to the graduate‑trained pay scale based on her Sahitya Alankar qualification, which she contends is equivalent to a graduation degree under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993. She alleged that similarly situated teachers had already been granted the promotion, while she was denied, and challenged a 2023 memo that limited the benefit to teachers recommended before 2019. The petition also sought arrears of salary, pension benefits, and implementation of earlier High Court orders. The State of Bihar and the Accountant General did not oppose her relief. Justice Alok Kumar Sinha disposed of the petition by directing the District Education Officer and District Programme Officer to decide the pending representation in accordance with the earlier order dated 19‑02‑2026 (CWJC No.2690/2026) within three months, and to grant any entitlement within a further month.

Issues considered

Whether the petitioner is entitled to promotion to the graduate‑trained pay scale on the basis of her Sahitya Alankar qualification.
Whether the memo dated 27‑02‑2023 restricting promotion benefits to teachers recommended before 2019 is arbitrary and violative of earlier High Court judgments.
Whether the petitioner is eligible for arrears of salary, pension benefits, and revision of pension following the promotion.
Whether the court should issue mandamus or certiorari to enforce the earlier High Court orders.

Subjects

teacher promotion
graduate trained pay scale
mandamus
certiorari
Bihar education service
seniority
arrears of salary
pension revision
writ jurisdiction

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5352 of 2026
======================================================
Renu Kumari Wife of Late Mahendra Sharma, Resident of Village - Nakati
Devi Road, Ward No. 15, Post Office and Police Station- Dighwara, District -
Saran at Chapra. Retired while working as an Assistant Teacher from Govt.
Kanya Middle School Dighwara, 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, Govt. of
Bihar, Patna.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Adv
For the State : Mr. Manoj Mishra, AC to Government Pleader (4)
For the A.G. : Ms. Nivedita Nirvikar, Sr. Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER

2 21-04-2026 Heard learned counsel for the petitioner, learned

counsel for the respondent-State and learned counsel for

respondent-Accountant General.

2. In the present writ application, the petitioner has
Patna High Court CWJC No.5352 of 2026(2) dt.21-04-2026
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prayed for the grant of following reliefs:

(i) For issuance of an appropriate
writ in the nature of mandamus for
commanding and directing the respondent
authorities concerned to grant the benefits of
promotion to petitioner in the scale of
graduate trained pay after completion of
eight years of service in matric trained pay
scale on the basis of her qualification of
Sahitya Alankar from Hindi Vidyapeeth,
Deoghar, Jharkhand, which is equivalent to
graduation as per Bihar Nationalized
Elementary Teacher Promotion Rule, 1993
in the light of the order passed by this
Hon'ble High 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
petitioner had joined as an Assistant Teacher
through the district panel of Saran on
21.05.1986 and had passed Sahitya Alankar
from Hindi Vidyapeeth Deoghar, Bihar (Now
Jharkhand) in the year 1993 and as the said
degree is recognized upto 2016 for all
purposes as per the decision of C.W.J.C. No.
16183/2012 (Raj Ranjan and Others vs. the
State of Bihar and Others) and thus the
petitioner is entitled for grant of her
promotion in the scale of graduate trained
Patna High Court CWJC No.5352 of 2026(2) dt.21-04-2026
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pay on the basis of her qualification of
Sahitya Alankar from Hindi Vidyapeeth,
Deoghar, Bihar (now Jharkhand) from the
due date of her entitlement as several
similarly situated teachers' or even junior to
the petitioner, who were also having the
degree of Sahitya Alankar from Hindi
Vidyapeeth, Deoghar, Jharkhand, have
already been given the actual benefits under
the aforesaid order of the Hon'ble High
Court but the petitioner has been deprived
till date.
(ii) For issuance of an appropriate
writ in the nature of certiorari for quashing
the part of 27 memo no. 218 dated
27.02.2023 issued by the Director, Primary
Education, Govt. of Bihar, Patna, 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,
who were appointed after appointment of the
petitioner have been extended the benefits of
Patna High Court CWJC No.5352 of 2026(2) dt.21-04-2026
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graduate trained pay scale and the scale of
Headmaster and since the petitioner only
because she is having the qualification of
Sahitya Alankar from Hindi Vidyapeeth,
Deoghar, Jharkhand had earlier been
deprived of her promotion and, therefore,
such a direction that only those 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
arbitrary and 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 petitioner 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 by
Patna High Court CWJC No.5352 of 2026(2) dt.21-04-2026
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providing the aforesaid scale i.e. graduate
trained pay on the basis of her qualification
of Sahitya Alankar from Hindi Vidyapeeth,
Deoghar, Bihar (now Jharkhand) from the
due date of her entitlement since when
several similarly situated /junior to the
petitioner has been extended the said benefit
according to the seniority rank determined
by the Bihar Public Service Commission,
Bihar, Patna.
(iv) For issuance of an
appropriate writ in the nature of mandamus
for commanding and directing the
respondent authorities concerned to
implement the 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 an appropriate
writ in the nature of mandamus for
commanding and directing the respondent
authorities concerned to consider the case of
the petitioner for grant of benefits of
promotion to the petitioner in graduate
trained pay scale on the basis of her
qualification of Sahitya Alankar from Hindi
Patna High Court CWJC No.5352 of 2026(2) dt.21-04-2026
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Vidyapeeth, Deoghar, Jharkhand and to
provide all the monetary benefits i.e.
differences of arrears of salary, differences
of arrears of pensionary benefits as also to
revise her monthly pension, as she has
retired on 29.02.2020 while discharging her
duties as an Assistant Teacher in Govt.
Kanya Primary School Dighwara, Anchal -
Dighwara, District-Saran at Chapra.
(vi) For issuance of any other
writ/writs, order/orders, direction/directions
for which the petitioner will be entitled in
the facts and circumstances of the present
case.

3. Learned counsel for the petitioner submits that

similar matter has already been disposed of vide order dated

19.02.2026 in CWJC No. 2690 of 2026 and he, therefore, prays

that the present application may also be disposed of in terms of

the said order.

4. Learned counsel for the respondent-State and

learned counsel for the Account General do not have any

objection to the submission made by learned counsel for the

petitioner.

5. In light of the above submission made by learned

counsel for the petitioner, this writ application is disposed of in
Patna High Court CWJC No.5352 of 2026(2) dt.21-04-2026
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terms of the order dated 19.02.2026 passed in CWJC No. 2690

of 2026 and the District Education Officer, Saran and District

Programme Officer (Establishment), Saran are directed to

dispose of the pending representations of the petitioner dated

23.02.2026 vide Annexure-P/16 series within three months from

the date of production of a copy of this order by the petitioner,

after giving an opportunity of hearing to the petitioner. Needless

to emphasize that the final order which shall be passed by the

District Education Officer, Saran and District Programme

Officer (Establishment), Saran should be a reasoned and

speaking order. It is further made clear that in case, the

petitioner is found entitled to the relief, the same shall be

extended to the petitioner within a further period of one month

from the date of passing of the final order.

6. With the aforesaid observation/direction, this writ

application is disposed of. All pending interlocutory

application(s), if any, shall also be deemed to have been

disposed of.

(Alok Kumar Sinha, J)
kiran/-

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