IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.859 of 2026 ======================================================

Samiullah Ansari @ Sami Ullah Ansari Son of Late Abdul Haque Ansari, resident of village -Rasulpur, Police Station- Pachrukhi, District - Siwan. Retired while working as an Assistant Teacher from Govt. Middle School Kolhuan, Anchal - Daraunda, District - Siwan.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Additional Chief Secretary -cum- the Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director, Primary Education, Education Department, Government of Bihar, Patna.

4. The Regional Deputy Director of Education, Saran Division, Chapra.

5. The District Education Officer, Siwan.

6. The District Education Officer- cum- the Chairman of District Teachers Promotion Committee, Siwan.

7. The District Programme Officer (Establishment), Siwan.

8. The District Programme Officer (Establishment)-cum-the Member Secretary of District Teachers Promotion Committee, Siwan.

9. The Accountant General, Birchand Patel Path, Bihar, Patna.

10. The Senior Accounts Officer, office of the Accountant General, Birchand Patel Path, Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Umesh Kumar Mishra For the Respondent/s : Mr.Advocate General For A.G., Bihar : Mr. Ram Kinker Choubey, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 22-01-2026 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent-State.

2. With consent of both the parties, the present writ application is being disposed of at this stage itself.

3. The petitioner has prayed for grant of following relief :-

“1. (I) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to give the benefits of promotion to the petitioner in the scale of graduate trained pay scale (Arts) from the due date of his entitlement as per Bihar Nationalized Elementary Teacher Promotion Rule, 1993 in the light of the order passed by this Hon'ble High Court in the case of similarly situated teachers vide CWJC No. 15610 of 2018 (Raghvendra Sharma and Others vs. the State of Bihar and Others), as the petitioner has joined as an Assistant Teacher in the year 01.03.1979 through the district panel of Siwan and has passed Sahitya Alankar from Hindi Vidyapeeth Deoghar, Jharkhand in the year 1992 and as the said degree is recognized upto 2016 for all purposes as per the decision of C.W.J.C. No. 16183/2012 (Raj Ranjan and Others vs. the State of Bihar and Others) and thus the petitioner is entitled for grant of graduate trained pay scale from due date of his entitlement as several similarly situated teachers' who were also having the degree of Sahitya Alankar from Hindi Vidyapeeth, Deoghar, Jharkhand, their date of promotion in graduate trained pay scale from the due date of their entitlement but the petitioner has been deprived till date, as the petitioner has been given I.Sc. trained pay scale since 1983 and in the matter of I.Sc. trained pay scale, he will be senior to matric trained teacher and his entitlement in graduate trained pay scale is prior to such teachers, who are in matric trained pay scale, as since 01.01.1986, the I.Sc. trained pay scale and matric trained pay scale has been merged in one scale i.e. matric trained pay scale by providing three additional increments as well as seniority.

(II) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to consider the case of the petitioner in the light of the order passed by this Hon'ble High Court in CWJC No. 15610 of 2018 (Raghvendra Sharma and Others vs. the State of Bihar and Others) and grant all monetary and consequenti