Kundan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11430 of 2025 ====================================================== Kundan Kumari W/o Late Ajay Kumar Singh, Resident of Ward No. 02, Nariyar Road, Behind Hawai Adda, Naya Bazar, Saharsa, P.S. and DistrictSaharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Agriculture, Government of Bihar, Patna.

2.

The Secretary, Department of Agriculture, Government of Bihar, Patna. 3.

The Agriculture Director, Department of Agriculture, Government of Bihar, Patna.

4.

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

5.

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

6.

The Additional Director (Agricultural Engineering), Department of Agriculture, Government of Bihar, Patna.

7.

The Joint Director (Agricultural Engineering), Department of Agriculture, Government of Bihar, Mithapur Agriculture Farm, Patna. 8.

The Joint Director (Agronomy), Agriculture Bhawan, D.B. Road, Saharsa, District- Saharsa.

9.

The District Agriculture Officer, Agriculture Bhawan, D.B. Road, Saharsa, District- Saharsa.

10.

The District Agriculture Officer, Agriculture Bhawan, Munger, DistrictMunger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Respondent/s :

Mr. Government Advocate (10) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 28-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking a direction to grant regular promotion to the deceased husband of

Patna High Court CWJC No.11430 of 2025 dt.28-07-2025 2/3 the petitioner from the post of Fitter to the post of Mechanic/District Mechanic and to release the consequential monetary benefits accrued from such promotion in favour of the petitioner, being his widow.

3. Learned counsel for the petitioner submits that a representation was filed by the petitioner's husband, as contained in Annexure-14 to the writ petition; however, no decision has been taken by the concerned authorities on the said representation.

4. Learned counsel for the State raises a preliminary objection and submits that the petitioner's husband had earlier approached this Hon'ble Court in CWJC No. 9748 of 2018 seeking the same relief. The said writ petition was disposed of by order dated 18.05.2018, granting liberty to the petitioner to file a representation. However, instead of taking appropriate follow-up action such as initiating contempt proceedings for non-compliance, the petitioner has filed the present writ petition after nearly seven years, seeking the very same relief.

5. Upon consideration of the submissions and materials on record, it appears that the earlier writ petition bearing CWJC No. 9748 of 2018 was disposed of with liberty to the petitioner to file a representation before the Director,

Patna High Court CWJC No.11430 of 2025 dt.28-07-2025 3/3 Department of Agriculture, Bihar. The petitioner's husband had filed a representation before the Agriculture Director in compliance with the said order on which no order was passed. However, in case of non-compliance, the proper remedy would have been to initiate appropriate contempt proceedings by filing a Miscellaneous Jurisdiction Case (MJC) rather than filing a fresh writ petition seeking the same relief.

6. Accordingly, this Court finds no merit in the present writ petition, and the same is dismissed, with liberty to the petitioner to seek appropriate remedy in accordance with law, if so advised.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 30/07/2025 Transmission Date NA