Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6704 of 2026 ====================================================== Rajesh Kumar Son of Late Munni Prasad Mahto, resident of village-Masuni, P.S.-Piri Bazaar, District-Lakhisarai, at present Residing at Gandhipuram Phase-2, P.S.- Dhanaut, Dist-Patna, at present present post as Assistat Teacher Primiary School, Beldari tola, Danapur, Block-Danapur, District-Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.
2.
The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.
3.
The Director, Primary Education, Govt. of Bihar, Patna. 4.
The Regional Deputy Director Education, Patna Division, Patna. 5.
The District Education Officer, Patna, District-Patna. 6.
The District Programme Officer (Estab.), Patna, District-Patna. 7.
The Block Education Officer, Danapur, District-Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Respondent/s :
Mr.Standing Counsel (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 05-05-2026 Heard the parties.
2. This writ application has been filed for the following reliefs:- (i) For directing the respondents for considering the grant of promotion in graduate and headmaster scale on the basis of qualifications enhanced by the petitioner as Sahitya Alankar Vidyapeeth, Deoghar as similarly situated other teachers had been considered in the light of the issue decided in the case of Ramashankar Patel vs The State of Bihar & Ors. by this Court in 2019(3) PLJR 1291 (F.B). (ii) For directing the respondents for considering the applications dated 26.03.2026 for grant of the
Patna High Court CWJC No.6704 of 2026(2) dt.05-05-2026 2/3 promotions as similarly situated persons who have enhanced qualifications as Sahitya Alankar.
(iii) For directing the respondents for grant promotion to the petitioner with effect from the date of passing Sahitya Alankar in the year 1997 but his promotions had not been considered whenever similarly situated persons considered by the order of this Court.
(iv) For other legal consequential benefits attached to the post.
3. Learned counsel for the petitioner submits that issue raised by the petitioner in the present writ application is squarely covered by Full Bench judgment of this Court passed in CWJC No. 11255 of 2016 (Rama Shankar Patel & Ors. Vs. The State of Bihar & Ors.)
4. In view of the aforesaid submission, petitioner is directed to file detailed representation before the District Education Officer, Patna with all the supporting documents along with the copy of Full Bench judgment of this Court passed in CWJC No. 11255 of 2016 within a period of three months from today.
5. If such, representation is filed by the petitioner within the stipulated time period, Respondent No. 5 shall dispose of the same, after hearing the parties, by a speaking and reasoned order, in accordance with law, within a period of three months from the date of filing of such representation.
Patna High Court CWJC No.6704 of 2026(2) dt.05-05-2026 3/3
6. If, it is found that petitioner is entitled for the consequential benefits, the respondents shall grant all the consequential benefits to the petitioner within a period of three weeks thereafter.
7. Accordingly, the writ application stands disposed of with the aforesaid observations.
(Ajit Kumar, J) shikha/- U