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Patna High Court

Samiullah Ansari @ Sami Ullah AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                 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
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                 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
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                 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
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                      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


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