Citation : 2025 Latest Caselaw 4059 Patna
Judgement Date : 9 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4585 of 2024
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Poonam Rani Sinha Wife of Late Dr. Mithilesh Kumar Sinha Resident of
Opposite of Block Office Hisua, P.O. and P.S.- Hisua, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Education, Govt. of Bihar, Patna.
2. The Director, Secondary Education, Education Department, Govt. of Bihar,
Patna.
3. The Regional Deputy Director of Education, Magadh Division, Gaya.
4. The District Education Officer, Nawada.
5. The District Programme Officer (Establishment), Nawada.
6. The Accountant General, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ram Sagar Singh
For the Respondent/s : Mr.Standing Counsel 23
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-10-2025
Heard the parties.
2. The petitioner has prayed this Court for the
following reliefs:
"That this is an application for issuance of
appropriate writ(s)/direction(s) for quashing
in part the letter as contained in Memo
No.1082 dated 21.06.2021 issued by the
respondent no.2 by which Monetary benefits
(dues of salary as well as death-cum-post
retirement benefits) of the petitioner's
husband has been paid to the petitioner in
untrained pay scale instead of graduate
trained pay-scale and further for
commanding the respondents to pay all
monetary benefits to the petitioner in
Patna High Court CWJC No.4585 of 2024 dt.09-10-2025
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graduate trained pay scale for which her
Late husband was entitled and also for grant
of all other consequential benefits including
revision of family pension of the petitioner."
3. Shorn of details, learned Advocate for the petitioner
submitted that the issue has now been set at rest by various
decisions of this Court, copies of which have been placed as
Annexures P/12, P/13 and P/18 to the writ petition. It is
submitted that in pursuant to the order passed in CWJC No.
1290 of 2021, LPA No. 280 of 2021 and CWJC No. 5134 of
2023, other identically situated persons have been allowed the
Graduate Trained pay scale. The names of the identically
situated persons have also been disclosed in para-6 of the
rejoinder to the counter affidavit filed on behalf of respondent
nos. 1 and 2 by the petitioner. He further submits that
subsequent thereto, with respect to other identically situated
persons, who have approached this Court in CWJC No. 17970
of 2022, further in CWJC No. 187 of 2024, they have also been
allowed the identical benefit after setting aside the impunged
order.
4. Though a counter affidavit has been filed on behalf
of respondent nos. 1 and 2 and also on behalf of respondent nos.
4 and 5 in opposition to the submission made by the learned
Advocate for the petitioner.
Patna High Court CWJC No.4585 of 2024 dt.09-10-2025
3/3
5. Considering the submissions advanced that the issue
has already been given quietus by this Court through various
pronouncements, this Court deems it fit and proper to set aside
the part of the letter as contained in Memo No. 1082 dated
21.06.2021
and relegate the matter to the respondent no. 2 to
look into the grievance of the petitioner and ensure all
consequential benefits, if the case of the petitioner finds favour
in terms with the decisions of this Court noted hereinabove,
preferably within a period of 12 weeks from the date of
receipt/production of a copy of this order.
6. The writ petition stands disposed of.
(Harish Kumar, J) Anjani/-
AFR/NAFR CAV DATE Uploading Date 10.10.2025 Transmission Date
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