Patna High Court
Kirti KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court disposed of the writ petition by granting the petitioner liberty to file a representation before the Additional Chief Secretary, Education Department, Bihar, within four weeks, and directing a time‑bound adjudication of that representation.
Summary
The petitioner, Kirti Kumari, sought to quash an order (letter No. 1581 dated 21-10-2025) that rejected her claim for monetary benefits arising from a promotion in the Subordinate Education Service dated 20-07-1985, and also requested modification of the date of grant of an A.C.P. and related arrears. She further asked the court to direct the Education Department to consider a representation before the Additional Chief Secretary within a fixed period. The respondents, representing the State of Bihar, raised no objection to the limited prayer. The Court, with the consent of both parties, disposed of the writ by granting the petitioner liberty to file the representation within four weeks and directing the Additional Chief Secretary to decide it within three months, with a reasoned order. The Court also stipulated that any relief found due should be implemented within three months of the final order. All pending interlocutory applications were deemed disposed.
Issues considered
- What procedural remedy is available to the petitioner to challenge the order dated 21-10-2025 rejecting her promotion benefits?
- Whether the High Court can direct the filing of a representation before the Additional Chief Secretary as a mode of relief in a writ petition?
Subjects
- writ jurisdiction
- service promotion
- administrative order
- representation before authority
- Bihar Education Department
- public service benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5326 of 2026
======================================================
Kirti Kumari Wife of Sri Shiv Kapoor Sinha, Resident of Mohalla- New
Bypass Road, Harnichak, Near Shivam Convent School, Harnichak,
Anisabad, P.S.- Beur, P.O.- Anishabad, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Education department, Govt.
of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Principal Secretary, Finance Department, Government of Bihar, Patna.
4. The Director, Administration-cum-Additional Secretary, Education
Department, Government of Bihar, Patna.
5. The District Education Officer, Patna.
6. The Principal, Government Girls High School, Gardanibagh, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lala Sheshendra Narayan Rais, Adv.
Mr.Kameshwar Kumar, Adv.
For the Respondent/s : Mr.Government Pleader (17)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
counsel appearing for the respondent-State.
2. With the consent of both the parties, this writ
application is being disposed of at this stage itself.
3. In the present writ application, the petitioner has
prayed for the grant of following reliefs:
(i) For quashing the order bearing letter
No. 1581 dated 21.10.2025 passed by the Director
(Administration), Education Department,
Government of Bihar, Patna whereby the
representation filed by the petitioner for granting
Patna High Court CWJC No.5326 of 2026(2) dt.18-04-2026
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monetary benefits treating her promotion in
Subordinate Education Service w.e.f. 20.07.1985
has illegally has been rejected without considering
the letter no. 445 dated 09.07.1991 issued by the
Director, Secondary Education, Government of
Bihar whereby she was promoted in Subordinate
Education Service w.e.f. 20.07.1985.
(ii) For commanding the respondent
authorities to pay monetary benefits to the
petitioner pursuant to her promotion granted in the
cadre of Subordinate Education Service for the
period 20.07.1985 to 17.05.1990.
(iii) For commanding the respondent
authorities to modify the date of grant of 1 A.C.P.
and grant the same with effect from 09.08.1999
instead of 17.05.2002 and pay the consequential
benefits/arrears with effect from 09.08.1999.
(iv) For any other relief or reliefs which
the petitioner may found entitled to in the facts and
circumstances of the present case.
4. After advancing some argument, learned counsel
for the petitioner submits that as against the order bearing letter
no. 1581 dated 21.10.2025 passed by the Director
(Administration), Education Department, Government of Bihar,
Patna, the petitioner is prepared to file a representation before
the Additional Chief Secretary (earlier known as Principal
Secretary), Education Department, Government of Bihar, Patna
and prays that an appropriate direction be issued to the
Additional Chief Secretary, Education Department, Government
of Bihar, Patna (respondent no. 2) to dispose of the
Patna High Court CWJC No.5326 of 2026(2) dt.18-04-2026
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representation which would be filed by the petitioner within a
fixed time frame, after giving an opportunity of hearing to the
petitioner.
5. To the aforesaid submission being made by learned
counsel for the petitioner, learned counsel appearing for the
respondent-State does not have any objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to challenge the
order bearing letter no. 1581 dated 21.10.2025 passed by the
Director (Administration), Education Department, Government
of Bihar, Patna by filing a representation before the Additional
Chief Secretary, Education Department, Government of Bihar,
Patna within four weeks from the date of passing of this order.
If such a representation is filed by the petitioner, the same shall
be disposed of by the Additional Chief Secretary, Education
Department, Government of Bihar, Patna within a period of
three months from the date of receipt of the representation, after
giving an opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the Additional Chief Secretary, Education
Department, Government of Bihar, Patna should be a reasoned
Patna High Court CWJC No.5326 of 2026(2) dt.18-04-2026
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and speaking order. It is also made clear that in case, the
petitioner is found entitled to the relief which the petitioner
would be claiming through the representation, the same should
be extended to the petitioner within a further period of three
months from the date of passing of the final order by the
Additional Chief Secretary, Education Department, Government
of Bihar, Patna.
8. With the aforesaid observation/direction and liberty
granted, this writ application is disposed of. All pending
interlocutory application(s), if any, shall also be deemed to have
been disposed of.
(Alok Kumar Sinha, J)
kundan/-
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