Shah Shobha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2735 of 2026 ====================================================== Shah Shobha Kumari W/o Nageshwar Sah, R/o Rahul Nagar, Road No 3, Post MIT, Brahmapura, Distt Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Education Department, Govt. of Bihar, Patna.

4.

The Director (Administration), Education Department, Government of Bihar, Patna.

5.

The Regional Deputy Director of Education, Saran Division, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Singh For the Respondent/s :

AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned counsel for the respondents are present.

2. The instant writ application has been filed seeking a direction to the respondents to consider the claim of the petitioner regarding her promotion from the cadre of LSES (Lower Subordinate Education Service) to SES (Subordinate Education Service) in light of the order dated 13.02.2025 passed in CWJC No. 2931 of 2022 (Gayatri Kumari vs. the State of Bihar & Ors.), and to grant her promotion with effect from the date on which her juniors in the cadre were granted such

2/4 promotion, along with all consequential benefits, both monetary and in terms of seniority in the Subordinate Education Service Cadre. The petitioner has also prayed for any other relief(s) to which she may be found entitled.

3. Learned counsel for the petitioner submits that the petitioner is working as an Assistant Teacher in a Government Basic School. She entered service in the year 1991 pursuant to her appointment made vide Memo No. 242 dated 31.01.1991 under the signature of the Regional Deputy Director, Saran.

4. It is the case of the petitioner that she is a trained graduate. She passed matriculation in the year 1983 from the Maharashtra State Board of Secondary and Higher Education. Thereafter, she completed her I.Sc. from the same Board in the year 1986. She obtained a degree in Teachers' Training in the year 1988 and completed her graduation (B.Sc.) from the University of Maharashtra in the year 1989. In the year 2022, she also obtained a B.A. degree from Kalinga University.

5. It is further submitted that the final gradation list of the Lower Subordinate Education Service was published by the Department of Education, Government of Bihar, vide Memo No. 1077 dated 12.12.2023, issued under the signature of the Director, Primary Education. The name of the petitioner appears

3/4 at Serial No. 139 in the said final gradation list. It is contended that persons junior to the petitioner have been granted promotion from the Lower Subordinate Education Service (LSES) cadre to the Subordinate Education Service (SES). The petitioner has submitted an appropriate representation before the authorities concerned; however, the same has not been adjudicated upon till date.

6. It is further the case of the petitioner that her case is squarely covered by the judgment rendered by a Coordinate Bench vide order dated 13.02.2025 passed in CWJC No. 2931 of 2022 (Gayatri Kumari vs. the State of Bihar & Ors.), and therefore, her claim may be directed to be considered in similar terms.

7. On the other hand, learned counsel for the State submits that if the case of the petitioner falls within the parameters fixed by the judgment and order passed by the learned Single Judge in the aforesaid writ petition, appropriate decisions shall be taken by the authorities concerned, for which suitable directions may be issued by this Court.

8. Considering the submissions of the parties, this Court directs the petitioner to file a fresh representation before the competent authority, appending all relevant supporting

4/4 materials and a copy of the judicial pronouncement covering her case, within a period of four weeks from today. Upon filing of such representation, if the grievance of the petitioner is found to fall within the parameters fixed by the learned Single Judge in the aforesaid case, necessary orders shall be passed within a period of eight weeks from the date of receipt of such representation. The benefits to which the petitioner is found entitled shall be extended to her within the same time frame.

9. With the aforesaid observations and directions, the writ application stands disposed of.

(Ajit Kumar, J) shikha/- U