Patna High Court
Employment and Labour LawAdministrative and Public Law

Promotion representation must be decided within eight weeks, considering applicable precedent and the petitioner’s provisional-list inclusion.

Kumari Kanti vs The State of Bihar

Patna High CourtJUDGMENT: October 12, 20262 MIN READSOURCE JUDGMENT
Promotion representation must be decided within eight weeks, considering applicable precedent and the petitioner’s provisional-list inclusion.. Kumari Kanti vs The State of Bihar. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, an Assistant Teacher appointed in 2012, was serving as In-charge Headmaster at Primary School Semal Sarai, Saran.

Source reference: p. 2

She sought promotion to the Graduate Trained Teachers’ pay scale and thereafter to Headmaster, with consequential salary and allowance benefits.

Source reference: p. 2

A provisional promotion list issued on 29 December 2025 included her at serial no. 115, but the benefits had not been granted.

Source reference: p. 3

The petitioner had also submitted a representation to the Director, Primary Education; the judgment records its date as 1 July 2016.

Source reference: p. 3

The Court disposed of the writ petition by directing the Director to decide that representation.

Source reference: p. 3
02

Issues

1. Whether the petitioner was entitled to a direction requiring the authorities to grant her promotion to the Graduate Trained Teachers’ pay scale and subsequently to the post of Headmaster, with consequential benefits.

Source reference: p. 2

2. Whether the petitioner’s representation concerning promotion should be considered in light of the applicable court decisions and her inclusion in the provisional promotion list.

Source reference: p. 3
03

Law Applied

The Court relied on the Full Bench decision referred to in the judgment and on Raghvendra Sharma v. State of Bihar & Ors., C.W.J.C. No. 15610 of 2018.

Source reference: p. 3

As described in the judgment, those decisions required the authorities to conduct the mandatory year-wise exercise for teacher promotions and to implement the Full Bench’s directions effectively; failure to conduct that exercise was described as potentially contemptuous.

Source reference: p. 3
04

Reasoning

The Court noted that the petitioner’s name appeared in the provisional list for promotion to the Graduate Trained pay scale, but did not determine that she was already entitled to promotion or to the claimed consequential payments.

Source reference: p. 3

Given the grievance and the cited decisions, it considered it appropriate to require the Director, Primary Education, to decide the petitioner’s representation in light of those decisions and her position on the provisional list, rather than require the filing of a counter-affidavit.

Source reference: pp. 3–4
05

Holding

The Court disposed of the writ petition without directly granting promotion or monetary benefits.

It directed the Director, Primary Education, Bihar, to take up and conclude the petitioner’s representation, preferably within eight weeks of receiving or being presented with a copy of the order, having regard to Raghvendra Sharma and the petitioner’s inclusion at serial no. 115 in the provisional list.

Source reference: p. 4
Patna High Court

Original Court PDF

Kumari KantivsThe State of Bihar

Patna High Court · October 12, 2026

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