Patna High Court
Pushpa Kumari RoyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the petitioner must first avail herself of the statutory review remedy before the Revisional Authority, and therefore the writ petition was disposed.
Summary
Petitioner Pushpa Kumari Roy filed a writ petition seeking a certiorari to quash Notification No. 18 dated 03‑01‑2022, which allegedly withheld two salary increments in violation of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, and also sought a mandamus directing the State to grant consequential benefits. The petitioner claimed to have filed a review petition under Rule 24(2) of the Rules, but no order had been issued. The State contended that no review petition had been filed, citing an annexure that purportedly lacked a receipt. The Court observed that the petitioner must first pursue the statutory review remedy before the Revisional Authority (Principal Secretary, Department of Social Welfare) and directed her to file the review petition within 30 days, after which the authority must pass a reasoned order within 90 days. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioner has exhausted the statutory review remedy under Rule 24(2) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005, thereby precluding the writ jurisdiction.
- Whether the Notification No. 18 dated 03‑01‑2022 can be quashed by a writ of certiorari.
- Whether a writ of mandamus can be issued directing the State to grant consequential benefits pending the review.
Legislation cited
Subjects
- certiorari
- mandamus
- review petition
- government servant rules
- salary increments
- Bihar
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9202 of 2024
======================================================
Pushpa Kumari Roy Wife of Ashok Kumar Roy resident of A-48, Bhagwat
Nagar, Naya Tola, Kumhar, Police Station Agamkuan, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Social
Welfare, Government of Bihar, Patna.
2. The Director, Integrated Child Development Service, Department of Social
Welfare, Government of Bihar, Patna.
3. The Joint Director, Department of Social Welfare, Government of Bihar,
Patna.
4. The District Programme Officer, Vaishali, District Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupak Kumar, Advocate
For the State : Mr. Nalin Vilochan Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed with the
following relief/s:-
“I. That this writ application is filed for
issuance of writ in the nature of certiorari for
quashing of notification no. 18 dated
03.01.2022 issued by the Joint Director, Social
Welfare Department, Government of Bihar
whereunder and whereby penalty of
Patna High Court CWJC No.9202 of 2024(2) dt.23-02-2026
2/3
withholding of two increments with cumulative
effect has been inflicted upon the petitioner in
absolute derogation and infraction of
statutory provision of Bihar Government
Servant (Classification, Control and Appeal)
Rules 2005.
II. That this writ application is further filed
for issuance of writ in the nature of mandamus
directing the respondents to grant
consequential benefits to the petitioner
consequent upon quashing of notification no.
18 dated 03.01.2022.”
3. Learned counsel for the petitioner fairly submits
that the petitioner has preferred statutory remedy of review
under Rule 24(2) of the Bihar Government Servants
(Classification, Control & Appeal) Rules, 2005. Counsel
submits that as per his information, no order has been passed by
the authorities concerned on the petitioner’s review petition
dated 10.02.2022.
4. Learned counsel for the State submits that counter
affidavit has not been filed in this case as yet. But, he submits
that according to him, no review petition has been filed. He
submits that from Annexure-P/15 which is alleged to be the
review petition is without any receiving.
5. In this view of the matter, the petitioner is hereby
Patna High Court CWJC No.9202 of 2024(2) dt.23-02-2026
3/3
directed to avail her remedy firstly before the Revisional
Authority (Principal Secretary, Department of Social Welfare,
Government of Bihar, Patna) by filing the review petition along
with a copy of this order, within 30 days from today. Upon
receiving the same, the Revisional Authority i.e. the Principal
Secretary, Department of Social Welfare, Government of Bihar,
Patna is directed to pass a reasoned and speaking order, within
90 days thereafter.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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