Patna High Court

Zeba ParweenversusThe State of Bihar

Decided: 16 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH

Holding

The court granted the petitioners liberty to file a writ petition challenging the order and disposed of the petition.

Summary

A group of ten women petitioners filed a writ petition against the State of Bihar and various education officials seeking liberty to challenge a departmental order dated 26 November 2025 that rejected their claim for arrears of salary. The petitioners argued that they were entitled to the arrears and requested the court's permission to file an appropriate writ petition. The respondents contended that the order was already reasoned and final. The court examined whether the petitioners could be granted liberty to challenge the order and claim the arrears. It granted the petitioners liberty to file the writ petition and disposed of the petition, indicating no further hearing on the merits at that stage.

Issues considered

Whether the petitioners are entitled to liberty from the court to challenge the order dated 26‑11‑2025 rejecting their salary arrears claim.

Subjects

writ petition
liberty to file
salary arrears
administrative order
Bihar Education Department
civil writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.2813 of 2023
                                            In
                     Civil Writ Jurisdiction Case No.555 of 2019
     ======================================================
1.    Zeba Parween Daughter of Md. Alim @ Md. Alimuddin, Resident of
      Village- Gajargarh, P.S.- Barachatti, Block- Barachatti, District- Gaya.
2.   Sadiya Qutub, Daughter of Md. Qutubuddin, Resident of Village- Madhuka,
     P.S.- Aanti, Block- Konch, District- Gaya.
3.   Rokshana Praveen, Daughter of Samsha Farooq Khan, Resident of Village-
     Simri, P.S.- Migra, Block- Dumariya, District- Gaya.
4.   Shabina Khatoon, Daughter of Md. Sayeed Alam, Resident of Village-
     Shyamnagar Nima, P.S.- Amas, Block- Amas, District- Gaya.
5.   Roushan Ara, Wife of Md. Ashraf Ali, Resident of Village- Shyamnagar
     Nima, P.S.- Amas, Block- Amas, District- Gaya.
6.   Simmi Perween, Daughter of Md. Islam Khan, Resident of Village- Rampur,
     Tola Bhatbigha, P.S.- Amas, Block- Amas, District- Gaya.
7.   Sadaf Neha, Wife of Sarfaraz Khan, Resident of Village- Jaipur, P.S-
     Sherghati, Block- Sherghati, District- Gaya.
8.   Asia Perveen, Daughter of Md. Reyazuddin, Resident of Mohalla- Abgila,
     Kalaltoli, P.S. Mofassil, Block- Manpur, District- Gaya.
9.   Ashiya Khatoon, Daughter of Shahzad Khan, Resident of Village- Taradih,
     P.S.- Raushanganj, Block- Banke Bazar, District- Gaya.
10. Rahat Roksar, Daughter of Mohiv Miyan, Resident of Village- Taradih, P.S.-
    Raushanganj, Block- Banke Bazar, District- Gaya.

                                                              ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Principal Secretary, Department of
     Education, Government of Bihar, Patna.
2.   K.K. Pathak, The Principal Secretary - cum Additional Chief Secretary,
     Department of Education, Government of Bihar, Patna.
3.   B Kartikey Dhanji, The Director, Bihar Education Project Council, Shiksha
     Bhawan, Rashtrabhasha Parishad Campus, Patna.
4.   Sanjay Kumar, The Director, Jan Shiksha, Department of Education,
     Government of Bihar, Patna.
5.   Dr. Tyag Rajan, The District Magistrate, Gaya.
6.   Rajdeo Ram, The District Education Officer, Gaya.
7.   Asghar Alam Khan, The District Programme Officer (Sakcharta), Gaya.
         Patna High Court MJC No.2813 of 2023(6) dt.16-01-2026
                                                     2/3




           8.    Manju Kumari, The Block Education Officer, Block- Manpur, District-
                 Gaya.
           9.    Ashoka Kumar, The Block Education Officer, Block- Konch, District- Gaya.
           10. Shailendra Kumar, The Block Education Officer, Block- Barachatti, District-
               Gaya.
           11. Rekha Kumari, The Block Education Officer, Block- Dumariya, District-
               Gaya.
           12. Arvind Kumar, The Block Education Officer, Block- Amas, District- Gaya.
           13. Gopal Krishna, The Block Education Officer, Block- Sherghati, District-
               Gaya.
           14. Sujeet Kumar, The Block Education Officer, Block- Banke Bazar, District-
               Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashhar Mustafa, Advocate
                 For the Opposite Party/s :       Mr.Subhash Chandra Mishra (Sc16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

6   16-01-2026                   At the outset, the learned counsel for the opposite

                   parties submits that in compliance of the order of this Court

                   dated 26.04.2019, passed in CWJC No.555 of 2019, the Special

                   Secretary-cum-Director, Mass Education, Government of Bihar

                   has already passed a reasoned order dated 26.11.2025, rejecting

                   the claim of the petitioners.

                                2.    In view of the aforesaid, the learned counsel for

                   the petitioners seeks liberty on behalf of the petitioners to

                   challenge the said order dated 26.11.2025 by filing appropriate

                   writ petition as also seeks liberty to pray therein for grant of

                   arrears of salary to the petitioners upto the date of passing of the
            Patna High Court MJC No.2813 of 2023(6) dt.16-01-2026
                                                        3/3




                      aforesaid order dated 26.11.2025. Liberty so sought is granted.

                                   3. The petition stands disposed off.



                                              (Mohit Kumar Shah, J)
kanchan/-

U

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