Patna High Court
Bimla Violet MarkversusThe State of Bihar through Sri S. Sidharth, IAS the Additional Chief Secretary Education Department
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court held that the contempt proceedings were to be closed and the application disposed of.
Summary
The petitioner, Bimla Violet Mark, filed an application seeking initiation of contempt proceedings alleging that the State of Bihar violated a direction dated 31 October 2023 in CWJC No.12418 of 2016. The petitioner had received a pension payment order reflecting the Sixth Pay Revision, whereas she was entitled to the Seventh Pay Revision and had filed a representation with the Accountant General on 13 January 2026. The petitioner contended that the failure to incorporate the Seventh Pay Revision amounted to non‑compliance with the court’s earlier direction. The Court examined whether the alleged omission justified continuation of contempt proceedings. Considering the facts, the Court held that the contempt proceedings were not warranted and ordered the case closed. Consequently, the application was disposed of.
Issues considered
- Whether the State of Bihar violated the direction dated 31‑10‑2023 by issuing a pension order based on the Sixth Pay Revision instead of the Seventh Pay Revision.
- Whether a contempt proceeding is appropriate in the circumstances of the petitioner's grievance.
Subjects
- contempt
- pension
- pay revision
- High Court
- civil writ jurisdiction
- accountant general
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2370 of 2024
In
Civil Writ Jurisdiction Case No.12418 of 2016
======================================================
Bimla Violet Mark D/o Emmanual Mark @ Imanual Mark, at present resident
of At-19-B, Judges Lane Near Bihar Park, Saraswti Puram, SGPGI, Lucknow,
Uttar Pradesh-226014.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri S. Sidharth, IAS, the Additional Chief
Secretary, Education Department, Govt. of Bihar, Patna.
2. Sri Binod Kumar Jha, the Director, Primary Education, Bihar, Patna.
3. Sri Chandrashekhar Kumar, the District Education Officer, Patna.
4. Sri Manoj Kumar, the District Programme Officer (Establishment), Patna.
5. Sri Vinay Kumar, the Treasury Officer, Patna.
6. Sri Raj Kumar the Accountant General, Bihar, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar, Advocate
Mr. Pranav Kumar, Advocate
For the State : Mr. Sarvesh Kumar Singh, AAG-13
For the A.G. : Mr. Vivekanand Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
12 16-01-2026 Heard learned counsel for the petitioner, learned
counsel for the State of Bihar and learned counsel for the
Accountant General, Bihar.
2. The instant application was filed for initiating a
contempt proceeding alleging violation of the direction
contained in order dated 31.10.2023 passed in CWJC no.12418
of 2016.
3. It is submitted by learned counsel for the petitioner
that though the petitioner has received the original pension
Patna High Court MJC No.2370 of 2024(12) dt.16-01-2026
2/2
payment order (PPO), however, the same mentions the revised
pension/gratuity of the petitioner pursuant to the Sixth Pay
Revision and not the Seventh Pay Revision for which the
petitioner has already filed a representation before the
Accountant General on 13.1.2026 and intends to pursue the
same.
4. In view of the facts and circumstances of the case,
so far as the proceedings of the instant case/contempt
proceeding are concerned, the same are closed.
5. The application stands disposed of.
(Partha Sarthy, J)
Saurabh/-
U
Checking your session…