Patna High Court
Lal Bahadur SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the Regional Education Director must verify the petitioners' entitlement to the graduate trained pay scale and, if confirmed, issue orders effecting the promotion to Head Master and the associated financial benefits within eight weeks.
Summary
The petitioners, two teachers, filed a writ petition seeking quashing of an Office Order dated 24 May 2025 and demanding promotion to the Graduate Trained Pay Scale and the post of Head Master as per the Bihar Primary Teachers (Promotion) Rules, 1993 and earlier High Court judgments. They also claimed arrears of salary, allowances, and revised pension benefits. The State argued that the petitioners' entitlement had already been adjudicated and that the authorities should simply finalize the benefits. The Court directed the Regional Education Director, Darbhanga, to examine the petitioners' claim, confirm eligibility for the graduate trained pay scale, and, if justified, issue orders for the promotion to Head Master within eight weeks, along with necessary pension revisions. Upon completion of these actions, the Court ordered that the appropriate revisions be communicated to the Accountant General. Consequently, the writ petition was disposed of.
Issues considered
- Whether the Office Order dated 24 May 2025 violates the Bihar Primary Teachers (Promotion) Rules, 1993 and the directives of the judgments in Raghvendra Sharma (CWJC 15610/2018) and Ramnath Prasad Singh v. State of Bihar (2009).
- Whether the petitioners are entitled to be placed in the Graduate Trained Pay Scale and promoted to the post of Head Master after completing the requisite service period.
- Whether the petitioners are entitled to arrears of salary, allowances, and revised pension benefits arising from the alleged denial of promotion.
Subjects
- promotion
- graduate trained pay scale
- head master
- pension revision
- writ petition
- education department
- seniority list
- arrears of salary
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5524 of 2026
======================================================
1. Lal Bahadur Sharma S/o Late Nathuni Sharma, Resident of village Kanail,
P.O. Nazipur, P.S. Rahika, District Madhubnai, Bihar 847215.
2. Deo Narayan Singh, S/o Late Ramkrishn Singh, Resident of Mohalla- Budh
Nagar, P.O. and Madhubani, District Madhubani Bihar, 847215.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Regional Education Director, Darbhanga.
3. The District Magistrate, Madhubani.
4. The District Education Officer, Madhubani.
5. The District Programme Officer (Establishment), Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (3)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
i. Issuance of writ of appropriate writ, order
or direction, quashing Office Orders contained in
Memo No. 2252 dated 24.05.2025 issued by the
District Education Officer (Establishment),
Madhubani said to be in compliance of Raghvendra
Sharma (CWJC 15610/2018) but without following
its direction and without considering promotion in
Graduate Trained Scale and promotion to the post
of Head Master in accordance with Bihar Primary
Teachers (Promotion) Rules, 1993 and as ordered
by this Hon'ble Court in the case of Raghvendra
Sharma (CWJC 15610/2018) and Full Bench of this
Hon'ble High Court, in the matter of Ramnath
Prasad Singh vs. State of Bihar & Ors., 2009 (3)
P.L.J.R. 384.
Patna High Court CWJC No.5524 of 2026(2) dt.18-04-2026
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ii. Issuance of writ of an appropriate nature,
order or direction commanding respondents to
prepare fresh year wise seniority list and consider
petitioner for granting pay scale of Graduate
Trained Teachers and on the post Head Master
(HM) strictly in accordance with the Bihar Primary
Teachers (Promotion) Rules, 1993 and as ordered
by this Hon'ble Court in the case of Raghvendra
Sharma (CWJC 15610/2018) and Full Bench of this
Hon'ble High Court, in the matter of Ramnath
Prasad Singh vs. State of Bihar & Ors., 2009 (3)
P.L.J.R. 384. Petitioner's name has not considered
and included despite forwarding his name pursuant
to the letter no. 1221 dt.15.4.2023 issued by Dist
Education Officer Madhubani, petitioner's
objections/ representation dt.
11.11.2024/28.04.2025.
iii. For granting consequential benefits of
arrears of difference of salary and allowances due
to grant of Graduate Trained Pay Scale and pay
scale of HM till his retirement and consequential
benefit in revising monthly pension including
payment of difference of pension amount on account
of promotion and those differences of amount after
recalculation of terminal benefits of Gratuity and
leave encashment calculated as per revision pay
scale and allowances along with interest at the rate
of 12% p.a. on delayed benefits.
iv. Pass any other order(s) as this Hon'ble
Court may deem fit and proper in the interest of
justice.
3. Learned counsel for the petitioners submits that in
view of the judgment rendered by the Hon’ble Division Bench
in the case of Raghvendra Sharma & Ors v. State of Bihar &
Ors, CWJC No. 15610 of 2018 , the petitioners case for grant of
Patna High Court CWJC No.5524 of 2026(2) dt.18-04-2026
3/4
graduate trained pay-scale was considered by publishing
provincial list vide Annexure-P/2 and followed with final list
having been notified, which is appended with the writ petition
as Annexure-P/3. It has next been submitted that despite these
petitioners having been found entitled for grant of graduate
trained pay-scale, the promotional benefits, has till date not been
paid. It has next been submitted that once the petitioner’s
eligibility has been considered for grant of trained pay-scale and
necessary decisions have already been taken, then the case of
these petitioners becomes entitled for being considered for the
post of Head-Master on completion of 5 years after having
remained in the said pay-scale but for unexplained reasons, the
same has not been considered.
4. On the other hand, learned counsel for the State
submits that since the petitioners entitlement has already been
adjudicated and necessary orders have been passed with regard
to graduate trained pay-scale and if the petitioner has already
completed 5 years of his service in the said pay-scale, then the
authorities may be directed to take a final decision with regard
to grant of benefits and as also with regard to his entitlement to
the post of Head-Master by fixing a time-line.
5. Considering the submission of the parties, this
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Court finds it appropriate to direct the Regional Education
Director, Darbhanga, to examine the claim of this petitioner and
on finding the petitioner’s claim to be justified insofar as the
benefits of graduate trained pay-scale is concerned, which issues
have been settled by the authorities and necessary orders have
already been passed, then by issuing appropriate directions, the
benefits of graduate trained pay-scale shall be ensured and with
regard to other claim of consideration on the post of Head-
Master and on finding the petitioner’s eligibility and the
entitlement, at par with others, necessary orders shall be passed
and the same shall also be communicated by completing the
entire exercise within a further period of eight weeks from the
date of filing of detailed representation, in accordance with law.
6. It goes without saying that once such exercise is
completed, then order for appropriate revision in pension, shall
also be passed and the same shall be communicated to the
Office of Accountant General for carrying out the necessary
formalities.
7. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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