Smt. Neelam Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11904 of 2017 ====================================================== Smt. Neelam Kumari Wife of Narendra Kumar Sinha Resident of Mohalla - Panchwati Colony, Police Station - Beur, Post Office - Anishabad, District - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The Director, Administration-cum-Additional Secretary, Education Department, Government of Bihar, P 5.

The District Education Service, Patna.

6.

The Principal, Government Girls High School, Gardanibagh, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate :

Mr. Lala Sheshendra Narayan Rais, Advocate For the Respondent/s :

Mr. Madanjeet Kumar, Gp-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 18-12-2025 Heard learned Senior Counsel for the petitioner and learned counsel for the Respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at the present stage itself.

3. The petitioner in the present writ application has prayed for the grant of following reliefs:- i) For commanding the respondents authorities to pay monetary benefits to the petitioner pursuant to her promotion granted in the cadre of subordinate Education Service for the period 19.09.1985 to 17.05.1990

2/4 (ii) For commanding the respondent authorities to modify the date of grant of Ist. A.C.P. and grant the same with effect from 09.08.1999 instead of 17.05.2002 and pay consequential benefits with the effect from 09.08.1999. (iii) For commanding the respondent authority to consider and grant 2nd and 3rd A.C.P. to the petitioner from due date consequential benefits.

(iv) For any other relief or reliefs which the petitioner may found entitled to in the facts and circumstances of the present case.

4. After advancing some argument, learned Senior Counsel submits that for the relief as claimed for in the present writ application, the petitioner has already filed representation dated 16.01.2017 and the latest one being dated 24.04.2025 which has been received in the Office of the Respondent No. 2 i.e., the Principal Secretary, Education Department, Government of Bihar, Patna on 28.04.2025, which continue to be pending till date.

5. Learned Senior Counsel, therefore, submits that the petitioner would be satisfied, if an appropriate direction could be issued to Respondent No. 2 i.e., the Principal Secretary, Education Department, Government of Bihar, Patna to dispose of

3/4 the pending representations of the petitioner within a fixed time frame after giving an opportunity of hearing to the petitioner.

6. To this prayer being made by the learned Senior Counsel for the petitioner, the learned counsel for the Respondent-State does not have any objection.

7. Considering the limited nature of prayer being made by the learned Senior Counsel for the petitioner, this writ application is disposed of directing the Principal Secretary, Education Department, Government of Bihar, Patna to dispose of the pending representations of the petitioner dated 16.01.2017 and 24.04.2025 (which has been received in his Office on 28.04.2025), after giving an opportunity of hearing to the petitioner within a period of three months from the date of receipt/production of a copy of this order. Needless to emphasize that the final order which shall be passed by the Principal Secretary, Education Department, Government of Bihar, Patna should be a reasoned and speaking order. It is made clear that in case the petitioner is found entitled to the relief as claimed by the petitioner, the same shall be extended to the petitioner within a period of three months from the date of passing of the final order.

8. With the aforesaid observation and directions, the

4/4 present writ application is disposed of. All pending Interlocutory Applications, if any, will be deemed to have been disposed of. (Alok Kumar Sinha, J) Gaurav Sinha/- U