Created by Fuzzy Cloud

Patna High Court

Kirti KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/4




                          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
                                            3/4




          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
                                                       4/4




                     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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.