Patna High Court
Kamlesh KumarversusThe State of Bihar through its Additional Chief Secondary Education Department,
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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/-
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