The judgment clarifies procedural compliance for promotions under established rules, emphasizing seniority and eligibility criteria.

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 have been deprived of their promotion in graduate trained scale for no justified and 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 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 Educatio