Patna High Court
Samiullah Ansari @ Sami Ullah AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed the District Education Officer and District Programme Officer to dispose of the petitioner’s pending representation within six months and to issue a reasoned order, without granting a substantive mandamus for promotion.
Summary
The petitioner, a retired assistant teacher, filed a writ petition seeking a mandamus directing the State of Bihar and its education officials to grant him promotion to the graduate‑trained pay scale and related benefits, relying on earlier High Court judgments that had granted similar relief to other teachers. He argued that his Sahitya Alankar degree, recognized up to 2016, made him eligible for the promotion under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993, and that he had been denied the benefits while junior teachers received them. The petitioner also submitted a pending representation dated 11‑11‑2025 to the District Education Officer and the District Programme Officer, requesting that it be disposed of with an opportunity of hearing. The respondents raised no objection to the limited prayer for procedural direction. The Court, by consent of the parties, disposed of the writ by directing the two district officers to dispose of the pending representation within six months, to give a reasoned order, and, if the petitioner is found entitled, to implement the relief within three months, without issuing a substantive mandamus on the promotion claim.
Issues considered
- Whether the petitioner is entitled to promotion to the graduate‑trained pay scale under the Bihar Nationalized Elementary Teacher Promotion Rule, 1993 in view of his qualifications and prior High Court judgments.
- Whether the State and its education officials can be compelled by mandamus to grant the promotion and associated monetary and pension benefits.
- Whether the pending representation of the petitioner before the District Education Officer and District Programme Officer should be disposed of within a fixed time frame with an opportunity of hearing.
Subjects
- promotion
- mandamus
- graduate trained pay scale
- teachers
- Bihar
- writ jurisdiction
- representation
- district education officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.859 of 2026
======================================================
Samiullah Ansari @ Sami Ullah Ansari Son of Late Abdul Haque Ansari,
resident of village -Rasulpur, Police Station- Pachrukhi, District - Siwan.
Retired while working as an Assistant Teacher from Govt. Middle School
Kolhuan, Anchal - Daraunda, District - Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary -cum- the Principal Secretary, Education
Department, Government of Bihar, Patna.
3. The Director, Primary Education, Education Department, Government of
Bihar, Patna.
4. The Regional Deputy Director of Education, Saran Division, Chapra.
5. The District Education Officer, Siwan.
6. The District Education Officer- cum- the Chairman of District Teachers
Promotion Committee, Siwan.
7. The District Programme Officer (Establishment), Siwan.
8. The District Programme Officer (Establishment)-cum-the Member Secretary
of District Teachers Promotion Committee, Siwan.
9. The Accountant General, Birchand Patel Path, Bihar, Patna.
10. The Senior Accounts Officer, office of the Accountant General, Birchand
Patel Path, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Kumar Mishra
For the Respondent/s : Mr.Advocate General
For A.G., Bihar : Mr. Ram Kinker Choubey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the respondent-State.
2. With consent of both the parties, the present writ
application is being disposed of at this stage itself.
3. The petitioner has prayed for grant of following
relief :-
“1. (I) For issuance of an appropriate writ
Patna High Court CWJC No.859 of 2026(2) dt.22-01-2026
2/5
in the nature of mandamus for commanding and
directing the respondent authorities concerned to give
the benefits of promotion to the petitioner in the scale
of graduate trained pay scale (Arts) from the due date
of his entitlement as per Bihar Nationalized
Elementary Teacher Promotion Rule, 1993 in the light
of the order passed by this Hon'ble High Court in the
case of similarly situated teachers vide CWJC No.
15610 of 2018 (Raghvendra Sharma and Others vs. the
State of Bihar and Others), as the petitioner has joined
as an Assistant Teacher in the year 01.03.1979 through
the district panel of Siwan and has passed Sahitya
Alankar from Hindi Vidyapeeth Deoghar, Jharkhand in
the year 1992 and as the said degree is recognized
upto 2016 for all purposes as per the decision of
C.W.J.C. No. 16183/2012 (Raj Ranjan and Others vs.
the State of Bihar and Others) and thus the petitioner
is entitled for grant of graduate trained pay scale from
due date of his entitlement as several similarly situated
teachers' who were also having the degree of Sahitya
Alankar from Hindi Vidyapeeth, Deoghar, Jharkhand,
their date of promotion in graduate trained pay scale
from the due date of their entitlement but the petitioner
has been deprived till date, as the petitioner has been
given I.Sc. trained pay scale since 1983 and in the
matter of I.Sc. trained pay scale, he will be senior to
matric trained teacher and his entitlement in graduate
trained pay scale is prior to such teachers, who are in
matric trained pay scale, as since 01.01.1986, the I.Sc.
trained pay scale and matric trained pay scale has
been merged in one scale i.e. matric trained pay scale
by providing three additional increments as well as
seniority.
(II) For issuance of an appropriate writ in
the nature of mandamus for commanding and directing
the respondent authorities concerned to consider the
case of the petitioner in the light of the order passed by
this Hon'ble High Court in CWJC No. 15610 of 2018
(Raghvendra Sharma and Others vs. the State of Bihar
and Others) and grant all monetary and consequential
benefits by providing the promotion in graduate
trained pay scale from the due date of his entitlement
Patna High Court CWJC No.859 of 2026(2) dt.22-01-2026
3/5
since when several similarly situated/junior to the
petitioner have been provided the promotion in the
graduate trained pay scale and also pay the
differences of arrears of salary and also revise the
pensionary benefits accordingly, as the petitioner had
already retired from service in the year 2012 while
discharging his duties as an Assistant Teacher from
Govt. Middle School Kolhuan, Anchal - Daraunda,
District -Siwan.
(III) For issuance of an appropriate writ in
the nature of mandamus for commanding and directing
the respondent authorities concerned to implement the
direction of the Director, Primary Education, Bihar,
Patna by which, there is direction for compliance of
the order passed by this Hon'ble High Court in CWJC
No. 15610 of 2018 (Raghvendra Sharma and Others
vs. the State of Bihar and Others) for providing the
benefits of graduate trained pay scale and the scale of
Headmaster as per Bihar Nationalized Elementary
Teachers Promotion Rule, 1993 and also for
implementation of the Director's memo no. 592 dated
10.05.2013 by which, there is direction that if junior
teacher has been promoted the senior teacher will also
be given the same and similar benefits from the date
since when the juniors have been granted the said
benefits.
(IV) For issuance of an appropriate writ in
the nature of mandamus as an alternative prayer that
the District Education Officer, Siwan and the District
Programme Officer (Establishment), Siwan to convene
the meeting of the District Teacher Promotion
Committee, Siwan and provide him the graduate
trained pay scale from the due date of his entitlement
i.e. after 8 years of service in matric trained pay scale
or since 01.01.1986 and provide its consequential and
monetary benefits as in the case of several similarly
situated district i.e. in the district of East Champaran,
Motihari, the similarly situated teachers, namely, Raj
Ranjan and Others have already been given the scale
of graduate trained pay and the scale of Headmaster
along with all consequential benefits but in the case of
the petitioner, they are pretending that as the petitioner
Patna High Court CWJC No.859 of 2026(2) dt.22-01-2026
4/5
has not been promoted in graduate trained pay scale,
he will not be given the benefits under the order passed
by this Hon'ble High Court in CWJC No. 15610 of
2018 (Raghvendra Sharma and Others vs. the State of
Bihar and Others), which is not sustainable in the eyes
of law.”
4. After advancing some argument, learned counsel
for the petitioner submits that for the aforesaid relief claimed in
the present writ application, the petitioner has already filed a
representation before the District Education Officer, Siwan and
the District Programme Officer (Establishment) Siwan, which is
dated 11.11.2025 (Annexure-P/10) and the same continues to be
pending. He accordingly prays that the petitioner would be
satisfied if an appropriate direction could be issued to the
District Education Officer, Siwan and the District Programme
Officer (Establishment) Siwan by this Court for disposing of the
pending representation of the petitioner after giving an
opportunity of hearing to the petitioner within a fixed time
frame.
5. To the aforesaid submissions made by learned
counsel for the petitioner, learned counsel appearing on behalf
of the respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
stands disposed of directing the District Education Officer,
Patna High Court CWJC No.859 of 2026(2) dt.22-01-2026
5/5
Siwan and the District Programme Officer (Establishment)
Siwan to dispose of the pending representation dated 11.11.2025
(Annexure-P/10) of the petitioner within a period of six 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, Siwan and the
District Programme Officer (Establishment) Siwan should be
reasoned and speaking order.
8. It is further made clear that in case the petitioner is
found entitled to the relief which the petitioner has claimed
through the representation then the same should be extended to
the petitioner within a further period of three months from the
date of final order.
9. With the aforesaid observation/direction and liberty
granted, the present writ application stands disposed of.
10. All pending I.A.s, if any, is deemed to have been
disposed of.
sanjeev/- (Alok Kumar Sinha, J)
U
Checking your session…