Gandhi Yadaw vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13323 of 2026
======================================================
1. Gandhi Yadaw Son of Late Muneshwar Yadav, Resident of Village - Balua
Mathiya, P.S. - Durauli, District- Siwan.
2. Shakti Nath Pandey, Son of Late Murlidhar Pandey, Resident of Village-
Jhunapur, P.O. - Siwan, P.S.- Mahadeva O.P. (Siwan Muffassil), District -
Siwan.
3. Shyam Sunder Singh, Son of Late Banke Singh, Resident of Village-
Mathiya (Doen), P.S.- Darauli, District- Siwan.
4. Teja Kumari, Wife of Ajay Kumar Das, Resident of Village- Lohganjar, P.S.-
Asanwa, District - Siwan.
5. Ramprakash Sah, Son of Late Motilal Sah, Resident of Village- Madhwapur,
P.O.- Dhitauli, P.S. - Chainpur, District- Siwan.
6. Madanmohan Dikshit, Son of Late Manejar Dikshit, Resident of Village-
Kilpur, P.O.- Kabirpur, P.S.-Nautan, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary. Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Secretary, Education Department, Government of Bihar, Patna.
4. The Director, Primary Education, Government of Bihar, Patna.
5. The Deputy Director, Primary Education, Education Department,
Government of Bihar, Patna.
6. The Regional Deputy Director of Education, Saran Division, Saran.
7. The District Education Officer, Siwan.
8. The District Education Officer -cum- The Chairman of District Teachers
Promotion Committee, Siwan.
9. The District Programme Officer (Establishment), Siwan.
10. The District Programme Officer, (Establishment) -cum-The Member
Secretary of Teachers Promotion Committee, Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagjit Roshan, Advocate
Mr. Anjani Kumar, Advocate
Mr. Shashank Shekhar, Advocate
Mr. Prashant Raj, Advocate
Mr. Apul, Advocat
For the State : Mr. Kumar Samarjeet Singh, AC to SC-21
======================================================
CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL JUDGMENT
Date : 31-08-2026

Patna High Court CWJC No.13323 of 2026 dt.31-08-2026
2/9
Heard learned counsel for the petitioners and learned
counsel for the State-respondents.
2. With the consent of the parties, the present writ
petition is being disposed of in the light of Annexure-P/6 passed
in CWJC No.19688/2025.
3. The petitioners have filed this writ application for a
direction to the Respondents Authorities to grant promotion to
the petitioners in Graduate Trained Scale from the date of their
entitlement in the light of Bihar Nationalized Elementary
Teacher Promotion Rules, 1993 and in light of Order dated
12.09.2022 passed in CWJC No. 15610 of 2018 with all
consequential benefits.
4. Further the petitioners have prayed for issuance of
direction to recognized equivalent of Sahitya Alankar Degree
obtained by the petitioners from Hindi Vidyapith Deogarh in
terms of Full Bench judgment in the case of Ramashankar
Patel and Ors. Versus The State of Bihar and Anrs. (CWJC
No. 11255 of 2016 ).
5. Further for a prayer to include the petitioners’ name
at the appropriate decision in the light of penal of year gradation
list of Siwan District and quashed the Gradation List to the
extent it amounts the petitioners while extending the benefits to

Patna High Court CWJC No.13323 of 2026 dt.31-08-2026
3/9
their issuance and other consequential reliefs.
6. The petitioners were appointed to the post of
Assistant Teacher in different Government Primary / Middle
Schools sometime in the year 1979 and on being found eligible
granted Matric Trained Pay Scale in the year 1979 and later on,
promoted to the Matric Trained Senior Scale. Having obtained
permission they the also passed Sahitya Alankar Degree from
Hindi Vidyapith, Deoghar, but, nonetheless, denied promotion
in the Graduate Trained Scale from the due date of their
entitlement. Hence, they have preferred the present writ petition.
For the convenience, the relief sought for by the writ petitioners
have been reproduced hereunder:-
“i. For issuance of an appropriate writ
/order/direction in the nature of mandamus
for commanding the respondent authorities
to grant promotion to the petitioners in
Graduate Trained Scale (Arts) from the
due date of their entitlement in the light of
Bihar Nationalized Elementary Teacher
Promotion Rule, 1993 [hereinafter called
as Promotion Rules, 1993] and order
passed in CWJC No.15610 of 2018
(Raghvendra Sharma & others vs. the
State of Bihar & others) with all
consequential benefits as the petitioners
have been deprived of their promotion in
graduate trained scale for no justified and

Patna High Court CWJC No.13323 of 2026 dt.31-08-2026
4/9
cogent reasons.
ii. For issuance of writ in the
nature of certiorari or any other
appropriate writ for quashing of office
order contained in Memo no.452 dated 24-
05-2025 issued under signature of District
Programme Officer (Establishment),
Siwan where under and whereby
promotion in Graduate Trained (Arts)
scale of elementary school teachers of
Siwan district have been al- lowed
ignoring that the petitioners are most
senior teachers and names of petitioners
have been deliberately left out (although
name of petitioners were available in
provisional gradation list) and have been
deprived of their promotion on the ground
that petitioners possess Graduate
equivalent degree i.e. degree of
Sahityalankar from Hindi Vidyapith,
Deoghar in gross violation of order dated
27-01-2017 passed in LPA No.11/2014 [Dr.
Amaresh Thakur versus the State of Bihar
and others]] and order dated 18-07- 2019
passed in LPA No.-894 of 2016 [Ashutosh
Jha versus The State of Bihar and others]
as well as departmental order/letters
contained in Memo no.2004 dated 18-12-
23 and Memo no.696 dated 17-07-2025
respectively issued by the Director,
Primary Education, Bihar, Patna and on
the other hand several teachers junior to

Patna High Court CWJC No.13323 of 2026 dt.31-08-2026
5/9
the petitioners have been given promotion
in most arbitrary manner adopting pick
and choose method.
iii. For a direction upon the
respondents to bring on record year wise
final gradation list as well as list of year
wise vacancy of Siwan district wherein
respondents have deliberately deleted
name of the petitioners and depriving them
of their seniority and promotion on wrong
pretext and further to quash the final
gradation list so far it relates to petitioners
with direction to include name of the
petitioners and place them in the gradation
list at appropriate place as per their
respective seniority.
iv. And consequent upon grant
of Graduate Trained (Arts) Scale to the
petitioners, a direction may be given to the
respondents to pay consequential
monetary benefits [i.e. differential amount
of salary and pension] to the petitioner's)
after making revision /re-fixation of salary
and pension of the petitioners in the light
of order passed in the case of Raghvendra
Sharma vide CWJC No. 15610/18 along
with statutory & penal interest as fixed by
this Hon'ble court.
v. For a direction to implement
the order/letters/ in-structions issued by
the Director, Primary Education, Bihar,
Patna contained in Memo no.2004 dated

Patna High Court CWJC No.13323 of 2026 dt.31-08-2026
6/9
18-12- 2023 and Memo no.696 dated 17-
07-2025 wherein specific direction for
compliance of the order passed in the case
of Raghvendra Sharma has been given and
direction has been given to grant
consequential monetary benefits of
graduate trained pay scale to the eligible
teaches from the respective date of their
entitle-ment as per Promotion Rule, 1993.
vi. Further, for issuance of any
other order/orders, Patna
direction/directions to which petitioners
are entitled in the facts and circumstances
of the present case.”
7. Learned counsel for the petitioners submitted that
the issue with regard to the claim of the petitioners as raised
herein, stood settled in the case of Raghvendra Sharma & Ors.
vs. The State of Bihar & Ors. (C.W.J.C. No. No. 15610 of
2018) wherein the Court in its penultimate paragraph has
observed as follows :-
“14. In the circumstances as above, this
Court directs the respondents to conduct
an exercise after preparing the seniority
list as directed by the Full Bench (supra)
positively within a period of six months
from today. All the districts will conduct
an exercise of determination of vacancies
for each year up to 2011, i.e., the date
when the new Rules came into force and
also prepare seniority list for each year

Patna High Court CWJC No.13323 of 2026 dt.31-08-2026
7/9
as directed by the Full Bench. Thereafter
eligibility list for each year shall be
prepared based on the number of persons
available under the zone of consideration
and the promotion shall be accordingly
granted. The pay fixation would be done
accordingly, this would be applicable
even to those teachers who have attained
superannuation as held by the Coordinate
Bench in the case of Rana Shankar
Prasad & Ors. Vrs. State of Bihar & Ors.
(C.W.J.C. No. 22608 of 2014) decided on
13.09.2018, and passed orders
accordingly. It is made clear that the
promotion so granted will result in
notional benefits from an earlier year and
actual benefits shall be paid after fixation
from the date actual promotions have
been made. In cases where the person has
attained superannuation actual retiral
benefits would be given along with
arrears.”
8. It is also submitted that so far the issue with regard
to the equivalence granted to Sahitya Alankar Degree obtained
from Hindi Vidyapith, Deogarh is concerned, it has also come
up for consideration before this Court in various cases and
finally the same has been settled by the Full Bench of this Court
in the case of Ramashankar Patel & Ors. vs. The State of
Bihar & Ors. (C.W.J.C. No. 11255 of 2016 ). The order of the

Patna High Court CWJC No.13323 of 2026 dt.31-08-2026
8/9
Full Bench was unsuccessfully challenged before the Apex
Court. In the light of the various decisions, including the one
rendered by Full Bench, the State Government in the
Department of Education has also come out with various orders
including the orders as contained in memo no. 2004 dated
18.12.2023, memo no. 380 dated 17.04.2023 and recently the
order contained in memo no. 696 dated 17.07.2025; all these
orders have been placed on record in the writ petition.
9. Adverting the aforesaid facts, learned counsel for
the petitioners thus submitted that despite the issue having been
settled by this Court and the State has come out with the afore-
noted orders/notification, till date, the petitioners have not been
allowed promotion in Graduate Trained Scale (Arts), from the
due date of their entitlement. However, to utter dismay the
persons who have been placed much below the petitioners in the
seniority list, they have been allowed the benefits as has been
claimed for in the present writ petition. To support the aforesaid
contention, Annexure P/14 has also been placed on record.
10. Learned Counsel for the State-respondents, at the
outset, submits that to respond to the averments made in the writ
petition, an instruction is required from the concerned
authorities.

Patna High Court CWJC No.13323 of 2026 dt.31-08-2026
9/9
11. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the aforesaid facts and settled position, besides the claim of the
petitioner is based on parity, this Court instead of keeping the
matter pending, deems it proper to dispose off the same by
directing the respondent no. 7 and 9 to consider the claim of the
petitioners as has been raised in their representation contained in
Annexure P/5 series, preferably within a period of ten weeks’
from the date of receipt/production of a copy of this order and
bring to its logical conclusion by keeping in mind the afore-
noted decisions of this Court as well as order/notification issued
by the State Government as well as Clause 4. C (1) of the Bihar
State Litigation Policy, 2011.
12. The writ petition stands disposed off.
13. Suffice it to observe that in case the claim of the
petitioners find favour, necessary consequential benefits must be
accorded to them, within the period afore-noted.


(Kumar Manish, J)
sanjeev/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 01.09.2026
Transmission Date N/A