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2025 Supreme(Online)(Pat) 1902

PATNA HIGH COURT
HARISH KUMAR, J
Dharmnath Prasad – Appellant
Versus
The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Bajarangi Lal, Adv.
For the Respondents: Mr. AC to SC-25, Mr. Ram Kinker Choubey, Adv.

ORAL JUDGMENT

Date : 09-12-2025 Heard the parties.

2. The petitioners were duly appointed on the post of Assistant Teacher in different Government Primary/Middle Schools sometime in the year 1976 and on being found eligible granted Matric Trained Pay Scale in the year 1977 and later on, promoted to the Matric Trained Senior Scale. Having obtained permission they 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

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