Created by Fuzzy Cloud

Patna High Court

Bibi Murshida KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed without granting relief, directing the petitioners to file individual representations for the Department to adjudicate their claims.

Summary

The petitioners, four women employed in the Bihar Primary Education Department, filed a writ petition seeking a mandamus directing the State to grant them the same service benefits—seniority, increments, ACP and other perks—as earlier appointed employees, alleging discrimination under Articles 14 and 16 of the Constitution. They relied on the Supreme Court decision in Balwant Singh Narwal & Ors. v. State of Haryana (2008) 7 SCC 728 and a prior Patna High Court judgment (CWJC No.15663 of 2022). The State argued that the petitioners should first file individual representations detailing their service records for proper adjudication. The Court, with the parties' consent, disposed of the writ at this stage, directing the petitioners to submit individual representations to the Director, Primary Education within four weeks, and mandating the Director to decide the claims within eight weeks and issue a reasoned order. The Court emphasized that any relief, if found warranted, must be granted within four weeks of the Director’s final order, and the writ application was consequently dismissed without a substantive ruling on the merits.

Issues considered

  • Whether the denial of service benefits to the petitioners violates Articles 14 and 16 of the Constitution.
  • Whether the petitioners are entitled to seniority, increments, ACP and other benefits on a notional basis prior to joining and on an actual basis thereafter.
  • Whether the Supreme Court judgment in Balwant Singh Narwal & Ors. v. State of Haryana is applicable to the present facts.
  • Whether the petitioners must first file individual representations before any relief can be granted.

Subjects

  • service benefits
  • equality
  • Articles 14
  • Article 16
  • mandamus
  • public employment
  • discrimination
  • seniority
  • primary education department

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5830 of 2026
                 ======================================================
           1.     Bibi Murshida Khatoon Wife of Md. Taj Uddin, Daughter of Mohd. Islam
                  Uddin, Resident of village- Zamira, P.O.- Tarauna, P.S.- Jalalgadh District -
                  Purnia.
           2.    Bibi Musarrat Bano, Wife of Md. Ashfaque Alam, Resident of village-
                 Chakai, Ward no.- 08, P.S- Jokihat, District - Araria.
           3.    Abdul Wahab, Son of Sekh Najmul Haque, Resident of village-
                 Nawagachhi, P.O- Tarauna, P.S-Jalalgadh District - Purnia.
           4.    Bibi Ishrat Jahan, Daughter of Late Md. Hafizur Rahman, Resident of
                 village- Madhopara, P.O and P.S- Khajanchi Hat, District- Purnia.
                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Education, Government of Bihar, Patna.
           2.     The Director, Primary Education, Department of Education, Government of
                  Bihar, Patna.
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Ms.Nazia Quamar, Adv.
                 For the Respondent/s   :       Mr.Government Pleader (26)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   05-05-2026                 Heard learned counsel for the petitioners and learned

                   counsel appearing for respondents-State.

                               2. With the consent of the parties, the present writ

                   application is being disposed of at this stage itself.

                               3. The petitioners in the present writ application have

                   prayed for the grant of following reliefs:

                                                       “I. For issuance of an
                                                 appropriate writ, order or direction,
                                                 preferably in the nature of Mandamus,
                                                 commanding the respondents to
                                                 extend and grant to the petitioners the
                                                 same service benefits, including
                                                 seniority, annual increments, ACP and
Patna High Court CWJC No.5830 of 2026(2) dt.05-05-2026
                                            2/4




                                          other consequential benefits, as have
                                          been extended to similarly situated
                                          employees who were appointed earlier
                                          pursuant to same advertisement &
                                          panel, notwithstanding the fact that
                                          the petitioners were appointed
                                          belatedly due to the action/inaction on
                                          the part of the respondent authorities;

                                          II. For issuance of an appropriate
                                          writ, order or direction, preferably in
                                          the nature of Mandamus, commanding
                                          the respondents to grant all such
                                          service benefits to the petitioners on
                                          notional basis for the period prior to
                                          their joining and on actual basis
                                          thereafter, with effect from the date on
                                          which employees admittedly junior to
                                          the petitioners were appointed and
                                          granted such benefits;

                                          III. Further be pleased to dispose of
                                          the case of the petitioners in the light
                                          of the judgment dated 08.12.2025
                                          passed in C.W.J.C. No. 15663 of 2022
                                          (Annexure-P/5), the issues involved
                                          being squarely covered by the said
                                          judgment, as well as in view of the law
                                          laid down by the Hon'ble Supreme
                                          Court in (2008) 7 SCC 728 (Balwant
                                          Singh Narwal & Ors. vs. State of
                                          Haryana & Ors.) and the judgment
                                          dated 03.04.2018 passed in C.W.J.C.
                                          No. 13797 of 2016 (Annexure-P/4).

                                          IV. For a declaration that denial of
                                          equal treatment to the petitioners, who
                                          are similarly situated, in the matter of
                                          salary, annual increments, ACP and
                                          other service benefits is arbitrary,
                                          discriminatory and violative of
                                          Articles 14 and 16 of the Constitution
                                          of India.
Patna High Court CWJC No.5830 of 2026(2) dt.05-05-2026
                                            3/4




                                          V. For issuance of any other
                                          appropriate writ or order(s) or
                                          direction(s) which Your Lordships may
                                          deem fit and proper in the facts and
                                          circumstances of the case.”


                      4. Learned counsel for the petitioners submits that the

          issue have already been settled by the Hon’ble Apex Court in

          the case of Balwant Singh Narwal & Ors. vs. State of

          Haryana & Ors. reported in (2008) 7 SCC 728 and the

          petitioners’ case is also covered by the judgment of this Court

          inCWJC No.15663 of 2022 (Santosh Kumar & Ors.vs. State of

          Bihar & Ors.). It is, therefore, submitted that the authorities may

          be directed to adjudicate the claims of the petitioners for which

          the petitioners are ready to file separate representations.

                      5. Learned counsel appearing for respondents-State

          submits that the petitioners may be directed to file individual

          representations providing details of their service profile along

          with supported materials for adjudication of their claims.

                      6. Considering the above, the petitioners are directed

          to file individual representations before the Director, Primary

          Education, Department of Education, Government of Bihar,

          Patna, along with all supportive documents and the judgments

          relied upon by them, within four weeks from today. If the

          individual representations are filed within the stipulated
          Patna High Court CWJC No.5830 of 2026(2) dt.05-05-2026
                                                      4/4




                    time, the       Director,     Primary          Education,   Department   of

                    Education, Government of Bihar, Patna, shall dispose of the

                    same within a period of eight weeks from the date of receipt of

                    the representations.

                                7. Needless to emphasize that the final order which

                    shall be passed by the Director, Primary Education, Department

                    of Education, Government of Bihar, Patna should be a reasoned

                    and speaking order. Opportunity of hearing should be granted to

                    the petitioner. It is further made clear that if the Director,

                    Primary Education, Department of Education, Government of

                    Bihar, Patna comes to the conclusion that the petitioners are

                    entitled to the relief, which the petitioners would be claiming

                    through their representations, then the same should be extended

                    to the petitioners within a further period of four weeks from the

                    date of passing of the final order.

                                8. With the aforesaid observation, direction and

                    liberty as granted, the present writ application stands disposed

                    of. All pending I.As, if any will be deemed to have been

                    disposed of.


                                            (Alok Kumar Sinha, J)

Prakash Narayan
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.