Patna High Court
Sarswati KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court did not award the ACP benefits but directed the petitioner to file a detailed representation and the respondent to adjudicate the claim within a stipulated period, thereby disposing the petition.
Summary
Sarswati Kumari, an Assistant Teacher appointed in the Bihar Sub‑ordinate Education Service in 1978, was to be merged into Service Grade‑2 in 1985 but this was delayed due to a pending CBI enquiry. The enquiry was later concluded in her favour, yet the benefits of the 1st and 2nd Annual Confidential Pay (ACP) were not granted from the date they became applicable. She filed a writ petition seeking a direction to the respondents – the State of Bihar and its education officials – to grant these benefits and all consequential monetary advantages. The State counsel suggested that the petitioner file a detailed representation of her service history with supporting documents. The Court ordered the petitioner to file such a representation within four weeks and directed the Director of Secondary Education to adjudicate the claim within eight weeks, taking into account the cleared enquiry. The petition was consequently disposed without an immediate grant of the benefits.
Issues considered
- Whether the petitioner is entitled to the benefits of 1st and 2nd ACP despite the earlier pending CBI enquiry.
- Whether the Court can direct the administrative authority to adjudicate the claim within a specified time frame.
Subjects
- ACP
- Assistant Teacher
- Bihar Sub‑ordinate Education Service
- CBI enquiry
- service merger
- writ petition
- administrative direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.630 of 2026
======================================================
Sarswati Kumari W/o Umesh Chandra Pandit, Village / Mohalla Kumhar Toli,
Chandi, Astha Vasudeopur, P. O Basudeopur, P.S - Kotwali, District-Munger,
State-Bihar, PinCod 811202.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Dept., Govt. of Bihar, Patna.
3. The Director, Secondary Education, Govt. of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Narayan Mishra, Adv.
For the Respondent/s : Mr. Standing Counsel (23)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 19-01-2026 The instant writ petition has been filed for the
following relief;
“1. That this application is being filed for
direction upon respondents of granting benefits
of 1st and 2nd ACP at appropriate time and for
grant of subsequent relief of granting all the
consequential benefits including monetary
benefit.”
2. Learned counsel for the petitioner submits that the
petitioner was appointed as Assistant Teacher in the Bihar Sub-
ordinate Education Service in Junior grade vide Memo No. 1162
Patna High Court CWJC No.630 of 2026(2) dt.19-01-2026
2/4
dated 09.12.1978 issued under the signature of the Director,
Secondary Education, Bihar and later on, his services under the
Bihar Sub-ordinate Education Service Junior Grade got merged
in service grade-2 with effect from 20.07.1985 but, the
petitioner’s service was not merged with the said grade-2 with
effect from the same date, as there was C.B.I. enquiry pending
against the petitioner and as also against some other similarly
situated teachers but, later on, the respondents had given the
benefits from the year 1990. It is further submitted that the
initiation of the CBI enquiry and the report, so submitted, has
already been interfered by the Hon’ble Division Bench of this
Court vide order dated 27.02.2024 passed in LPA No. 1219 of
2023 (Kamini Kumari Vs. State of Bihar & Ors.), and as such,
the case of the petitioner may be considered on its own merit.
3. It is the case of the petitioner that the C.B.I. enquiry
has already been concluded in his favour and all such similarly
situated persons including the petitioner are said to have been
exonerated but, for no obvious reason, the benefits, for which
the petitioner is entitled under the progression scheme, has not
been accorded from the date, when the benefit is actually
applicable in the case of the petitioner. It is further submitted
that though the benefits of 1st ACP has been extended but, not
Patna High Court CWJC No.630 of 2026(2) dt.19-01-2026
3/4
from the date when it is actually applicable.
4. At this stage, learned counsel for the State submits
that the petitioner may be directed to file a detailed
representation, giving detailed history of her services supported
with material documents for allowing the authorities to
adjudicate her claim.
5. To this, learned counsel for the petitioner
undertakes to file detailed representation, appending the
necessary documents for ventilating the grievances within a
period of four weeks from today.
6. It is expected that on filing of such representation,
the respondent no.3 shall adjudicate the same within a period of
eight weeks from the date of filing of such representation. While
adjudicating the grievance of the petitioner, the respondent
concerned shall take into consideration the fact that there is no
pending enquiry against the petitioner and the Hon’ble Division
Bench has already watered down such enquiry and if the
petitioner’s entitlement is found from the date of its
applicability, all such benefits shall be extended in favour of the
petitioner within the time period so allowed for adjudication and
the same shall also be communicated to the petitioner through
valid mode.
Patna High Court CWJC No.630 of 2026(2) dt.19-01-2026
4/4
7. With the aforesaid observations and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
U
Checking your session…