Patna High Court
Nilamber Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Education Officer, Khagaria, to dispose of the pending representation within three months, following the precedent set by CWJC No.11255 of 2016, and to grant any entitled relief within a further three months.
Summary
Petitioner Nilamber Kumar Jha filed a writ petition seeking a mandamus directing the State of Bihar to fix his salary in the trained graduate pay scale and to grant him promotion to Headmaster with consequential benefits, relying on Rule 22(A) of the Fundamental Rules. He had earlier filed a representation on 1 December 2025 with the District Education Officer, Khagaria, which remained pending. The petitioner’s counsel argued that the matter was already decided by a Patna High Court judgment (CWJC No.11255 of 2016, dated 22 August 2019) and that the pending representation should be disposed of in accordance with that precedent. The respondents raised no objection. The Court, noting the limited prayer, ordered the District Education Officer to hear the petitioner and decide the pending representation within three months, issuing a reasoned order, and if relief is warranted, to implement it within a further three months. The writ application was thereby disposed of.
Issues considered
- What relief, if any, is the petitioner entitled to under Rule 22(A) of the Fundamental Rules regarding salary fixation and promotion?
- Whether the pending representation filed on 01-12-2025 must be decided in light of the earlier Patna High Court judgment (CWJC No.11255 of 2016)?
- Whether the court should issue a mandamus directing the District Education Officer to dispose of the representation within a specific time frame?
Legislation cited
- Fundamental Rules — s. 22(A)(i), 22(A)(ii), 22(A)(iii), 22(A)(iv)
Subjects
- writ jurisdiction
- mandamus
- salary fixation
- trained graduate pay scale
- promotion
- representation
- District Education Officer
- reasoned order
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7747 of 2026
======================================================
Nilamber Kumar Jha son of Late Rajendra Jha, Resident of village- Ward No.
11, Gaura Shakti Tola, Police Station- Mansi, District- Khagaria.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Government of Bihar, Patna.
2. The Principal Secretary, Finance Department, Government of Bihar, Patna.
3. The Director Primary Education, Education Department, Government of
Bihar, Patna.
4. The District Education Officer, Khagaria, District- Khagaria.
5. The District Programme Officer (Establishment) Khagaria.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sweta Raj, Adv.
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
counsel appearing for respondents-State.
2. With the consent of the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner in the present writ application has
prayed for the grant of following reliefs:
“a) For issuance of an
appropriate writ in the nature of
mandamus commanding and
directing the respondents authorities
for fixation of salary of the petitioner
in the trained graduate pay scale in
view of the provision contained in
Rule 22(A) (i) (ii) (iii) and (iv) of the
fundamental rules which inter alia on
promoted, the salary payable on the
Patna High Court CWJC No.7747 of 2026(2) dt.24-06-2026
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date of promotion would be fixed and
thereafter pay fixation would be done
after giving benefits of additional one
increment of the existing pay scale
and to pay arrears of salary of the
petitioner after aforesaid fixation
from the date when they have been
granted trained graduate pay scale
by the respondent authorities.
b) To further direct the respondent
authorities as per promotion rule go
grant promotion on the post of
Headmaster to the petitioner and
their consequential benefits with
effect from 29.12.2012.
c) For issuance of any other
appropriate writ, order, direction for
which the writ petitioner would be
found entitled under the facts and
circumstances of the case.”
4. Learned counsel for the petitioner submits that the
issue involved in this writ application is no longer res-integra
and the same is squarely covered by a judgment of this Court
dated 22.08.2019 passed in CWJC No.11255 of 2016 and other
analogous cases, which has been brought on record by way of
Annexure-P/3. She further submits that in light of this judgment
the petitioner has already filed a representation dated
01.12.2025 before the District Education Officer, Khagaria
(Annexure-P/7) and the same continues to be pending. Learned
counsel further submits that the petitioner would be satisfied if
Patna High Court CWJC No.7747 of 2026(2) dt.24-06-2026
3/4
an appropriate direction could be issued to the District
Education Officer, Khagaria to dispose of the pending
representation of the petitioner within a fixed time frame after
giving an opportunity of hearing to the petitioner.
5. To the aforesaid submission made by learned
counsel for the petitioner, learned counsel appearing for
respondents-State does not have any objection.
6. Considering the limited nature of prayer made by
learned counsel for the petitioner, this writ application is
disposed of directing the District Education Officer, Khagaria to
dispose of the pending representation of the petitioner dated
01.12.2025 (Annexure-P/7) in light of the judgment dated
22.08.2019 passed by this Court in in CWJC No.11255 of 2016
and other analogous matter, within three months from the date
of receipt/production of a copy of this order, after giving an
opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the District Education Officer, Khagaria
should be a reasoned and speaking order. It is further made clear
that in case the petitioner is found entitled to the relief, which
the petitioner is claiming through the pending representation in
light of the judgment dated 22.08.2019 passed in CWJC
Patna High Court CWJC No.7747 of 2026(2) dt.24-06-2026
4/4
No.11255 of 2016 and analogous matter, then the same should
be extended to the petitioner within a further period of three
months from the date of passing of the final order by the District
Education Officer, Khagaria
8. With the aforesaid observation and direction the
present writ application stands disposed of. All pending I.As, if
any will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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