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Patna High Court

Lal Bahadur SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
           Patna High Court CWJC No.5524 of 2026(2) dt.18-04-2026
                                                       4/4




                     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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