Raghvendra Kumar v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7735 of 2026 ====================================================== 1.

Raghvendra Kumar Son of Late Kuldeep Narayan Sharma, Resident of Village and Post Office Basantpur, Near Durga Mandir, Ward No. 11, Police Station - Birpur, District -Supaul. Retired while working as Headmaster from Govt. Middle School Shankarpur, Anchal - Basantpur, District - Supaul.

2.

Randhir Karak Randhir Karak Son of Kharanand Karak, Resident of Village and Post Office Bhimnagar, Ward No. 2, Police Station Bhimnagar, District Supaul. At present posted and working as Headmaster from Govt. Middle School Bhimnagar Colony, Anchal -Basantpur, District - Supaul 3.

Rajendra Prasad Kanth Son of Late Digamber Kanth, Resident of Village and Post Office -Teghra, Police Station District Babubarhi, Madhubani. Retired while working as Headmaster from Govt. Middle School Koshikapur, Anchal - Basantpur, District - Supaul. 4.

Rajesh Kumar Son of Late Ganga Ram, Resident of Quarter No. W/F-13, Workman Colony, Ward No. 12, Police Station Birpur, District Supaul. At present posted and working as Headmaster from Govt. Middle School Tulsipatti, Anchal - Basantpur, District - Supaul. 5.

Govind Kumar Singh Son of Late Ramrup Singh, Resident of Village and Post Office-Daparkha, Police Station - Triveniganj, District Supaul. Retired while working as Headmaster from Govt. Middle School Raghunathpur, Anchal Basantpur, District - Supaul.

6.

Navin Pd. Gupta Son of Late Subodh Prsad Gupta, Resident of Mohalla Sitapur, Ward No. 12, Post Office Sitapur, Police Station Birpur, District Supaul. Retired while working as Headmaster from Govt. Upgraded Middle School Sitapur South, Anchal - Basantpur, District Supaul. 7.

Sunil Kumar Gupta Sunil Kumar Gupta Son of Late Subodh Pd. Gupta, Resident of Mohalla Sitapur, Ward No. 12, Post Office Sitapur, Police Station Birpur, District Supaul. Retired while working as a Graduate Trained Teacher from Govt. Middle School Bisanpur Chaudhary, Anchal Basantpur, District - Supaul.

8.

Sunil Kumar Singh Son of Late Ramswarup Singh, Resident of Village and Post Office - Birpur, Police Station - Birpur, District Supaul. At present posted and working as Headmaster in Govt. Middle School Bhagwanpur-1, Anchal Basantpur, District - Supaul.

9.

Kishore Kumar Son of Late Ramanand Marik, Resident of Village Koriyapatty, Post Office Hulas, Police Station Raghopur, District Supaul. At present posted and working as Headmaster in Govt. Middle School Dinbandhi Urdu, Anchal - Basantpur, District - Supaul. 10.

Satyanarayan Yadav Son of Shree Malik Yadav, Resident of Village and Post Office Nirmali, Ward No. 6, Police Station Nirmali, District Supaul. At present posted and working as Headmaster in Govt. Middle School Lalmaniya, Anchal - Marauna, District - Supaul. 11.

Badri Narayan Barma Son of Saryoo Mandal, Resident of Village- Bhutaha, Post Office Laukahi, District Auraha, Police Station Supaul. At present

2/9 posted and working as Headmaster in Govt. Kanya Middle School Nirmali, Anchal - Nirmali, District - Madhubani.

12.

Vinayak Prasad Yadav Son of Late Moti Prasad Yadav, Resident of Village -Chikani, Ward No. 9, Post Office - Saraigarh, Police Station Bhaptiyahi, District Supaul. At present posted and working as Headmaster in Govt. Middle School Chandpipar, Anchal Saraigarh, District - Supaul. 13.

Mohan Pathak Son of Late Buchkun Pathak, Resident of Village and Post Office Murli, Police Station Bhaptiyahi, District Supaul. Retired while working as Headmaster from Govt. Middle School Lalganj, Anchal District - Supaul. Saraigarh, 14.

Ramanand Mandal Son of Shri Jagdish Mandal, Resident of VillageParsarma, Post Office Simrahi, Police Station - Raghopur, District - Supaul. At present posted and working as Headmaster in Govt. Upgraded Middle School Laxmipur, Anchal - Saraigarh, District - Supaul 15.

Diwakar Pd. Jaiswal Son of Shiv Narayan Choudhary, Resident of Village -Piprahi, Post Office - Raghopur, Police Station - Raghopur, District - Supaul. At present posted and working as Headmaster in Govt. Middle School Dudhadhari, Anchal - Raghopur, District - Supaul 16.

Pramod Kumar Choudhary Son of Late Satya Narayan Choudhary, Resident of Village - Bhaiyaram Chakla, Police Station Pipra, District Supaul. Retired while working as Headmaster from Govt. Middle School Dumri, Anchal - Raghopur, District - Supaul.

17.

Sudhir Yadav @ Sudhir Kumar Yadav Son of Late Suryanarayan Yadav, Resident of Village -Devipatti, Post Office - Dinapatti, Police Station - Pipra, District Supaul. At present posted and working as Headmaster in Govt. Middle School Karjain, Anchal - Raghopur, District - Supaul 18.

Ramu Pandit Son of Late Gangay Pandit, Resident of Village -Dharahara, Raghopur, Post Office- Ganpatganj, Police Station District Supaul. At present posted and working as Headmaster in Govt. Bhairav Middle School Ganpatganj, Anchal - Raghopur, District - Supaul. 19.

Girendra Kumar Sah Son of Yogendra Sah, Resident of Village and Post Office Dharahara, Police Station - Raghopur, District Supaul. Retired while working as Headmaster from Govt. Middle School Achalpur, Anchal Raghopur, District Supaul.

20.

Rajendra Sah Son of Late Gosai Sah, Resident of Village - Dharmpatti, Post Office- Jiaram Raghopur, Police Station Raghopur, District Supaul. Retired while working as Headmaster from Govt. Middle School Dinadas Tola Simrahi, Anchal Raghopur, District - Supaul 21.

Umesh Mandal Son of Late Rupchand Mandal, Resident of Village Kullipatti, Post Office- Chandipur, Police Station Bhaptiyahi, District - Supaul. At present posted and working as Headmaster in Govt. Yadunath Middle School Simrahi, Anchal - Raghopur, District - Supaul. 22.

Saryug Prasad Sah Son of Late Nathuni Sah Resident of Village Mahipatti, Post Office- Maladh Kisanpur, Police Station - Mahipatti, District - Supaul. Retired while working as Headmaster from Govt. Middle School Haripur, Anchal Raghopur, District - Supaul.

23.

Md. Mustaqueem Son of Md. Taslim Ansari, Resident of Village - Supaul,

3/9 Ward No. 18, Post Office and Police Station- Supaul, District - Supaul. Retired while working as an Assistant Teacher from Govt. Middle School Parsa, Anchal Pratapganj, District - Supaul.

24.

Sova Kant Deo Son of Late Umakant Poddar, Resident of Village - Pratapganj, Post Office- Pratapganj, Police Station Pratapganj, District Supaul. At present posted and working as Headmaster in Govt. Urdu Middle School Suryapur, Anchal-Pratapganj, District - Supaul. 25.

Udyanand Kumar Son of Shiveshwar Jha, Resident of Village Sukhanagar, Jainagra, Ward No. 13, Post Office-Sukhanagar, Police Station Pratapganj, District Supaul. At present posted and working as Headmaster in Govt. Middle School Govindpur, Anchal- Pratapganj, District - Supaul. 26.

Arun Kumar Mandal Son of Late Babunand Mandal, Resident of Village Tedha More, Ward No. 15, Post Office-Chilauni, Police Station Pratapnagar, District Supaul. Retired while working as Headmaster from Govt. Middle School Parsa Birbal, Anchal Pratapganj, District - Supaul. 27.

Satish Kumar Mandal Son of Shri Chintanand Mandal, Resident of Village and Post Office- Pratapganj, Police Station Pratapganj, District - Supaul. At present posted and working as Headmaster in Govt. Middle School Bhawanipur, Anchal - Pratapganj, District - Supaul. 28.

Ajay Kumar Son of Late Bishwanath Ram, Resident of Village and Post Office- Basbitti, Police Station Supaul, District Supaul. At present posted and working as Headmaster in Govt. Upgraded Middle School Lalchanpatti, Anchal-Supaul, District -Supaul.

29.

Harinandan Yadav, Son of Siaram Khirhar, Resident of Village and Post Office-Hardi, Police Station - Supaul, District - Supaul. At present posted and working as Headmaster in Govt. Upgraded Middle School Dakhighat Shahri, Anchal-Supaul, District - Supaul.

30.

Ramesh Ranjan Son of Dinesh Lal Das, Resident of Village and Post OfficeSupaul, Police Station Supaul, District Supaul. At present posted and working as Headmaster in Govt. Middle School Jagatpur, Anchal- Supaul, District - Supaul.

31.

Manoj Kumar Rajak Son of Late Vishnudeo Rajak, Resident of VillageChakla Nirmali, Ward No. 07, Post Office Supaul, District - Supaul. At present posted and working as Headmaster in Govt. Middle School Kumhet, Anchal Supaul, District- Supaul.

32.

Birendra Kr. Ram @ Birendra Kumar Ram Son of Late Bishwanath Ram, Resident of Village and Post Office- Basbitti, Police Station Supaul, District Supaul. Retired while working as Headmaster in Govt. Upgraded Middle School Purain, Anchal - Supaul, District - Supaul. 33.

Anil Kumar Singh Son of Surendra Narayan Singh, Resident of Village and Post Office- Sukhpur, Police Station - Supaul, District Supaul. Retired while working as Headmaster in Govt. Upgraded Middle School Maheshpur, Anchal-Supal, District -Supaul.

34.

Rishi Kumar Son of Late Kartik Sah, Resident of Village - Nagar Parishad Supaul, Ward No. 26, Post Officer - Supaul, District -Supaul. At present posted and working as Headmaster in Govt. Upgraded Middle School Piprakhurd, Anchal -Supaul, District - Supaul.

4/9 35.

Ahmed Kamal Manzoor Son of Late Md. Manzoor Ansari, Resident of Village and Post Office- Nirmali, Near Electric Power Station, Police Station Nirmali, District Supaul. Retired while working as Headmaster in Govt. Upgraded Middle School Mahua North Anchal- Nirmali, District -Supaul. 36.

Khurshid Ahmad Son of Md. Islam, Resident of Village - Nagar Parishad Supaul, Ward No. 18, Post Office and Police Station Supaul, District - Supaul. At present posted and working as Headmaster in Govt. Upgraded Middle School Piprakhurd, Anchal - Supaul, District - Supaul. 37.

Balram Mandal, Son of Malar Mandal, Resident of Village and Post OfficeNirmali, Police Station Pipra, District Supaul. Retired while working as Headmaster in Govt. Bhagirath Middle School Mahichanda Nirmali, Anchal-Pipra, District -Supaul.

38.

Chandra Kumar Son of Late Parmeshwar Mandal, Resident of Village and Post Office- Thumha, Police Station Pipra, District -Supaul. At present posted and working as Headmaster in Govt. Upgraded Middle School Lalpatti, Anchal-Pipra, District -Supaul 39.

Laleshwar Mandal Son of Late Yogendra Pd. Mandal, Resident of Village and Post Office- Hatwariya, Police Station - Pipra, District Supaul. At present posted and working as Headmaster in Govt. Bhagirath Middle School Mahichanda Nirmali, Anchal- Pipra, District -Supaul. 40.

Rajendra Prasad Sah Son of Khubi Sah, Resident of Village and Post Office - Maheshpur, Police Station - Pipra, District -Supaul. Retired while working as Headmaster in Govt. Chaturi Middle School Maheshpur, Anchal - PipraDistrict - Supaul. 41.

Bhupendra Mandal Son of late Sualal Mandal, Resident of Village and Post Office Supaul, Ward No. 15, District Supaul. At present posted and working as Headmaster in Govt Middle School Purain, Anchal Supaul, DistrictSupaul. 42.

Bhuvneshwari Prasad Son of Late Dukha Yadav, Resident of VillageJhokayar, Post Office - Gelhiya, Police Station - Pipra, District - Supaul. At present posted and working as Headmaster in Govt. Upgraded Middle School Tetrahi, Anchal - Pipra, District - Supaul. 43.

Yogendra Mandal Son of Late Nandlal Mandal, Resident of Village and Post Office Koshalipatti, Police Station Pipra, District - Supaul. At present posted and working as Headmaster in Govt. Middle School Ramnagar, Anchal Pipra, District - Supaul.

44.

Daya Ram Yadav Son of Late Parmeshwari Yadav, Resident of Village Koshalipatti, Post Office - Gamharia, Police Station Pipra, District Supaul. Retired while working as Headmaster from Govt. Upgraded Middle School Dabhari, Anchal - Supaul, District - Supaul.

... ... 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

5/9 Bihar, Patna.

4.

The Regional Deputy Director of Education, Koshi Division, Saharsa. 5.

The District Education Officer, Supaul.

6.

The District Education Officer - cum- the Chairman Of District Teachers Promotion Committee, Supaul.

7.

The District Programme Officer (Establishment), Supaul. 8.

The District Programme Officer (Establishment)-cum-the Member Secretary of District Teachers Promotion Committee, Supaul. 9.

The District Accounts Officer, Siwan.

10.

The District Programme Officer (Establishment), Supaul. 11.

The District Treasury Officer, Supaul.

12.

The District Accounts Officer, Supaul.

13.

The Accountant General, Birchand Patel Path, Bihar, Patna. 14.

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, Adv.

For the respondent-State :

Mr. S. Raza Ahmad, AAG-5 Mr.Vishambhar Prasad, AC to AAG-5 For Accountant General :

Mr.Binod Kumar Labh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 24-06-2026 Heard learned counsel for the petitioners, learned counsel appearing for the respondent-State and for the Accountant General.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioners have prayed for the grant of following reliefs:

(I) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to shift the date of promotion of petitioners in the scale

6/9 of graduate trained pay from the due date of their entitlement i.e. after completion of eight years of service in matric trained pay scale since 2002 and further to grant the scale of Headmaster to them since 2007 i.e. from the due date of their 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 petitioners have joined as Assistant Teachers in the year 1994 through Bihar Public Service Commission, Bihar, Patna but till date they have not been given the actual benefits under the aforesaid order of this Hon'ble High Court i.e.

grant of graduate trained pay scale and the scale of Headmaster from the due date of their entitlement even though several similarly situated teachers or even junior to the petitioners of the same batch of 1994, have already been given the benefits from the due date of their entitlement along with all consequential and monetary benefits in the light of the aforesaid order of this Hon'ble High Court but the petitioners have been deprived till date. II. For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities especially the District Education Officer, Supaul and the District Programme Officer (Establishment), Supaul to consider the case of the petitioners in the light of the order passed by this Hon'ble High Court in CWJC No. 15610 of 2018 (Raghvendra Sharma and Others vs.

7/9 passed by this Hon'ble High Court in CWJC No. 15610/2018 (Raghvendra Sharma and Others vs. the State of Bihar and Others).

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 and apart from other consequential benefits, the differences of pensionary benefits and revision in monthly pension is required to be done in the case of the petitioners, who have retired while discharging their duties as Headmaster / Graduate Trained Teacher/Assistant Teacher.

IV. For issuance of any other writ/writs, order/orders, direction/directions for which the petitioner will be entitled in the facts and circumstances of the present case.

4. Learned counsel for the petitioners submits that the issue involved in the present writ application is no longer res integra as the same has already been decided and settled in CWJC No. 15610 of 2018 (Raghvendra Sharma and Others vs. the State of Bihar and Others). He further prays that for seeking the aforesaid reliefs, the petitioners are ready to file fresh

8/9 representations before the District Education Officer, Supaul (respondent no. 5) as well as before the District Programme Officer (Establishment), Supaul (respondent no. 10). He further submits that an appropriate direction be issued to the District Education Officer, Supaul and the District Programme Officer (Establishment), Supaul to dispose of the representations, which would be filed by the petitioners, within a fixed time frame, after giving an opportunity of hearing to the petitioners.

5. To the aforesaid submission being made by learned counsel for the petitioners, learned counsel appearing for the respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioners, this writ application is disposed of granting liberty to the petitioners to file individual representation before the District Education Officer, Supaul (respondent no. 5) as well as before the District Programme Officer (Establishment), Supaul (respondent no. 10) within one month from the date of passing of this order. If such representations are filed, the same shall be heard and disposed of within a period of three months from the date of receipt of the representations, after giving an opportunity of hearing to the petitioners.

7. Needless to emphasize that the final order which shall

9/9 be passed by the District Education Officer, Supaul (respondent no. 5) and the District Programme Officer (Establishment), Supaul (respondent no. 10) should be reasoned and speaking order in light of the judgment of this Court delivered in CWJC No. 15610 of 2018 (Raghvendra Sharma and Others vs. the State of Bihar and Others). In case, the petitioners are found entitled to the relief which the petitioners would be claiming through the representations, the same should be extended to the petitioners within a maximum period of three months from the date of passing of the final order by the District Education Officer, Supaul (respondent no. 5) and the District Programme Officer (Establishment), Supaul (respondent no. 10).

8. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kundan/- U