Patna High Court
Smt. Kamini DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
No relief can be granted in the present contempt proceeding, but the petitioner is granted liberty to file a fresh writ petition.
Summary
The petitioner, Smt. Kamini Devi, sought relief in a contempt proceeding concerning her promotion and related benefits after superannuation. The Advocate General argued that the 2023 scheme for retired employees applies only to those who retired between 11‑April‑2019 and 13‑Oct‑2023, and since the petitioner retired on 31‑Mar‑2006, she is ineligible for relief under that scheme. Consequently, the court held that no relief could be granted in the present contempt petition. However, the court permitted the petitioner to file a fresh writ petition challenging the status‑quo order of the Apex Court in State Government & Ors. vs. Sushil Kumar Singh, asserting it does not apply to her case. The opposite parties raised no objection, and the court disposed of the current petition while granting liberty to file a new writ petition.
Issues considered
- Whether the 2023 scheme for retired employees applies to a petitioner who superannuated on 31‑Mar‑2006.
- Whether relief can be granted in the present contempt proceeding concerning promotion and consequential benefits.
- Whether the status‑quo order of the Apex Court in State Government & Ors. vs. Sushil Kumar Singh is applicable to the petitioner.
Subjects
- contempt proceeding
- writ petition
- promotion
- superannuation
- administrative scheme
- status quo order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1978 of 2019
In
Civil Writ Jurisdiction Case No.6212 of 2016
======================================================
Smt. Kamini Devi, wife of Sri Narendra Narain Mallik, resident of Shastri
Nagar, P.S. K Hat, P.O. Purnia, District-Purnia.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shri Ugresh Prasad Mandal, the District Education Officer, Madhepura,
District-Madhepura. .
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate
Mr. Sushanta Kumar Das, Advocate
Mr. Manoj Kumar, Advocate
Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. P. K. Shahi, Sr. Advocate, Advocate General
Mr. Abhanjalli, AC to GA-12
Mr. Apurva Kumar, AC to GA-12
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
11 06-02-2026 An interlocutory application is sought to be filed,
copy whereof has already been filed online. Let the same be
kept on record.
2. The learned Advocate General has pointed out that
the scheme formulated vide असथायी सथानापनन कायरकारी वयवसथा
ननयमावली, 2023 is applicable to such retired employees who
have superannuated in between 11.4.2019 to 13.10.2023, hence
considering the original order passed by this Court dated
30.10.2018 in CWJC No.6212 of 2016, no relief can be granted
to the petitioner in the present contempt proceeding since she
superannuated on 31.03.2006, nonetheless the petitioner can
Patna High Court MJC No.1978 of 2019(11) dt.06-02-2026
2/2
seek for appropriate relief by filing fresh writ petition by
showing that the order of status quo passed by the Hon’ble Apex
Court in the case of State Government & Ors. vs. Sushil Kumar
Singh would not be applicable in the case of the petitioner.
3. In view of the aforesaid, the learned counsel for
the petitioner seeks liberty on behalf of the petitioner to file
fresh writ petition with regard to her subsisting grievance.
4. The opposite parties do not have any objection.
5. Accordingly, while granting liberty to the
petitioner to file fresh writ petition for redressal of her grievance
regarding grant of promotion and payment of consequential
benefits, I deem it fit and proper to dispose of the present
petition.
(Mohit Kumar Shah, J)
kanchan/-
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