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Patna High Court

Kamlesh KumarversusThe State of Bihar through its Additional Chief Secondary Education Department,

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first file a detailed representation for consideration, and no immediate promotion order was issued.

Summary

Kamlesh Kumar, an assistant teacher, filed a writ petition seeking promotion from the matric‑trained pay‑scale to the graduate‑trained scale and appointment as Headmaster, relying on the precedent set in Raghavendra Sharma v. State of Bihar (C.W.J.C. No.15610 of 2018). The State argued that the matter should be decided strictly according to the ratio of that case and that a 27‑02‑2023 letter from the Directorate of Primary Education had already directed compliance. The Court examined the submissions and, rather than granting immediate promotion, directed the petitioner to file a detailed representation with supporting documents within four weeks. Upon receipt, the authorities were to adjudicate the grievance within eight weeks and, if successful, extend any benefits within a further four weeks. The writ application was consequently disposed of after the direction to file representation.

Issues considered

  • Whether the petitioner is entitled to promotion to the graduate‑trained scale and Headmaster post by virtue of the ratio laid down in Raghavendra Sharma v. State of Bihar.
  • Whether the Court can directly order promotion or must first require the petitioner to file a representation under the 27‑02‑2023 Directorate letter.

Subjects

  • promotion
  • education service
  • writ jurisdiction
  • representation
  • Bihar
  • precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.5448 of 2026
                 ======================================================
                 Kamlesh Kumar Son of Togan Singh, Resident of Mohalla - Bhikhachak, P.O.
                 - Anisabad, P.S. Gardanibag, District- Patna and presently working as an As-
                 sistant teacher in Kanya Middle School, Amlatola, Gardanibag, Patna.

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through its Additional Chief Secondary Education De-
                 partment, Government of Bihar, Patna.
           2.    The Additional Chief Secretary Education Department, Government of Bi-
                 har, Patna.
           3.    The Director, Primary Education, Education Department, Government of Bi-
                 har, Patna.
           4.    The District Education Officer, Patna.
           5.    The District Programme Officer (Establishment), Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Rama Kant Singh
                 For the Respondent/s   :      Mr.Government Pleader (03)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   18-04-2026                          Learned counsel for the petitioner 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 to give
                                  promotion to the petitioner from the post of matric
                                  trained scale to graduate trained scale as well as
                                  on the post of Headmaster according to the Rules
                                  & regulations of the promotion of the State of Bihar
                                  with retrospective effect.
                                  (ii) For issuance of any other writ/writs,
                                  order/orders, direction/directions for which the
                                  petitioners will be entitled in the facts and
                                  circumstances of the present case.
Patna High Court CWJC No.5448 of 2026(2) dt.18-04-2026
                                            2/3




                      3. Learned counsel for the petitioner 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 Officers 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 his grievance, taking into account the
           Patna High Court CWJC No.5448 of 2026(2) dt.18-04-2026
                                                       3/3




                     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 petitioner to file

                     representation for consideration of his grievance.

                                 7. Accordingly, the petitioner is directed to file

                     detailed representation 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 him for seeking the same or similar

                     relief. Upon submission of such representation, 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 petitioner shall thereafter be extended to him within a further

                     period of four weeks.

                                 8. Accordingly, the writ application stands disposed of.



                                                                    (Ajit Kumar, J)
shikha/-

U


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