Patna High Court

Nusrat HashmiversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The Court held that the petitioner must first approach the competent authority and file a representation under the Bihar Pension Rules, 1950, and the writ petition was disposed.

Summary

The petitioner, Nusrat Hashmi, filed a writ petition seeking a family pension under the Bihar Pension Rules, 1950, against the State of Bihar and several education officials. The petitioner argued that the dispute with another respondent, Nuzhat Hashmi, had been settled by an annexure to the counter‑affidavit. The State counsel contended that the petitioner and the other respondent must first file a representation with the competent authority to determine their eligibility under the government instruction. The Court directed both parties to approach the appropriate authority and submit their representation within four weeks, after which the authority should pass the necessary orders. Accordingly, the writ petition was disposed of without a substantive order on the pension claim.

Issues considered

Whether the petitioner is entitled to a family pension under the Bihar Pension Rules, 1950.
Whether the court can directly grant the pension or must direct the petitioner to seek relief from the competent administrative authority.

Subjects

family pension
Bihar Pension Rules 1950
writ jurisdiction
administrative remedy
representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18572 of 2021
                 ======================================================
                 Nusrat Hashmi Wife of Sohail Hashmi, Resident of Mohalla - Belisarai, Ward
                 No. 29, Behind Sadar Hospital, P.S. - Nagar, District - East Champaran.
                                                                               ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Principal Secretary, Education Department,
                  Government of Bihar, Patna.
           2.    The Deputy Director, Primary Education, Education Department, Bihar,
                 Patna.
           3.    The District Magistrate, East Champaran, Motihari.
           4.    The District Education Officer, East Champaran, Motihari.
           5.    The District Programme Officer, (Establishment), East Champaran,
                 Motihari.
           6.    Block Education Officer, Sadar, Motihari.
           7.     Nuzhat Hashmi, Wife of Kadir Ahmad, Resident of Mohalla - Khudanagar,
                  Near Urdu Primary School, Post - Motihari, P.S. - Chhatauni, District - East
                  Champaran.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Krishna Kant Singh, Adv.
                 For the Respondent/s    :       Mr Sunil Kumar Singh, Adv.
                 For the State           :       Mrs. Binita Singh, SC-28
                                                 Mr. Nishant Kumar Jha, AC to SC-28
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

5   10-02-2026                   Heard Mr. Krishna Kant Singh, learned counsel for

                   the petitioner and the learned counsel representing the

                   Respondents-State.

                               2. Learned counsel for the petitioner, by referring to

                   the statements made in paragraphs-6 and 7 of the counter

                   affidavit filed on behalf of Respondent No.7, Nuzhat Hashmi,

                   submits that the issues between them have been settled vide

                   Annexure- ‘A’ which is appended with the counter affidavit and,

                   as such, the authorities may be directed to take final decision
             Patna High Court CWJC No.18572 of 2021(5) dt.10-02-2026
                                                        2/2




                       with regard to family pension in respect of the petitioner and as

                       also Respondent No.7.

                                   3. Learned counsel representing the State submits

                       that they (petitioner & Respondent No.7) may be directed to file

                       an appropriate representation and if the entitlements of these

                       persons are found to fall within the parameters as stipulated in

                       the Government instruction issued in reference to the Bihar

                       Pension Rules, 1950, then appropriate decisions may be directed

                       to be taken in accordance with law.

                                   4.    Be that as it may, the parties are directed to

                       approach the authorities, who are competent in law, for getting

                       their issues addressed, and on filing of such representation

                       within a period of four weeks, it is expected that necessary

                       orders shall be passed.

                                   5. With the aforesaid observation and direction, the

                       instant writ petition stands disposed of.



                                                                       (Ajit Kumar, J)
    perwez

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