Patna High Court
Bibi Murshida KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
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
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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
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