[Cites 2, Cited by 0]
Patna High Court
Sri Krishana Prasad Srivastava vs The State Of Bihar on 2 February, 2026
Author: Ajit Kumar
Bench: Ajit Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10558 of 2019
======================================================
Fulwanti Devi Wife of Late Sri Krishna Prasad Srivastava, Resident of
Village - Pirauta, Police Station - Muffasil, Ara, District- Bhojpur at Ara.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Education, Govt. of Bihar, Patna
2. The Director Primary Education, Govt. of Bihar, patna
3. The Regional Deputy Director of Education Govt. of Bihar, Patna
4. The District Magistrate Bhojpur at Ara
5. The District Education Officer Bhojpur at Ara
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Singh
Mr.Sumit Kumar Srivastava
Mr.Gayatri Kumari
For the Respondent/s : Mr.Madhaw Prasad Yadav (Gp23)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL JUDGMENT
Date : 02-02-2026
In the instant writ petition, petitioner has prayed for
the following relief(s):-
"That this is an application for
issunce of an appropriate writ in the nature
of mandamus for cmmanding the
respondents to grant promotional avenue to
the petitioner in terms of the judgment of
Full Bench (Ram Nath Prasad Singh & Ors.
vs. The State of Bihar & Ors.) vide
order/judgment dated 21.04.2009 inter-alia
at the time of appointment petitioner having
qualification of post graduate trained
although petitioner was appointed in the
Matric trained pay scale and also for a
direction to grant due promotional avenue
with due date for all practical purposes i.e.
after granting appropriate grade for
rendered service of 12 years and 18 years
Patna High Court CWJC No.10558 of 2019 dt.02-02-2026
2/7
respectively, for which petitioner is entitled
for with applicable rate of interest."
2. The instant writ petition has been filed for
commanding the respondents to grant the promotion avenues to
the petitioner in terms of Hon'ble Full Bench judgment in the case
of Ram Nath Prasad Singh vs. State of Bihar & Ors. reported in
2009(3) PLJR 384.
3. Counsel for the petitioner submits that petitioner has
already acquired B.A trained degree and as also Post Graduate
trained degree, but for no obvious reasons, the trained pay scale
was not allowed to this petitioner, and the petitioner is said to have
died during pendency of the writ petition, and the widow of the
deceased employee is said to have substituted. The deceased
employee was claiming the promotional pay scale in the light of
the judicial pronouncement made in the case of Ram Nath Prasad
Singh (supra), by which the issues have been settled.
4. It is the case of the petitioner that the deceased
employee was initially forced to file the writ petition for grant of
B.A trained and post graduate trained pay scale by filing a writ
petition being CWJC No. 14726 of 2007 and vide order dated
25.11.2011
, the same has been disposed of, directing the
respondents to consider strictly in accordance with seniority list
Patna High Court CWJC No.10558 of 2019 dt.02-02-2026
already prepared by them to grant the trained pay scale by passing
necessary order.
5. It is further stated that despite representation having
been made, no consideration was done, leading to filing of MJC
No. 6477 of 2013, in which a categorical stand was taken by the
respondents that on account of pendency of the departmental
inquiry as well as criminal case, for which this petitioner was
placed under suspension, for embezzlement of an amount to the
tune of Rs. 10,60,000/-, the benefit for the grant of promotion of
the trained pay scale, was not allowed in favour of the petitioner,
and taking into account such stand of the respondents, the
contempt petition was dismissed.
6. This Court by taking note of the stand so taken in the
contempt petition, had passed the order, directing the respondents
to file appropriate affidavit bringing on record, the status of the
pending of departmental inquiry and as also the vigilance case,
which is said to have been lodged against this petitioner and as
also the relevant records to support such contentions, the material
extract of the order dated 06.01.2026, is being re-produced as
under:-
"3. It is made clear that if the
relevant records as desired by this Court is
not produced on the next date of hearing,
this Court will presume that there is no
Patna High Court CWJC No.10558 of 2019 dt.02-02-2026
departmental enquiry as also vigilance case
is pending against the petitioner and would
proceed to pass order on the basis of the
materials available on record."
7. Pursuant to the order passed by this Court,
supplementary counter affidavit has been filed on behalf of the
Respondent No. 5 - District Education Officer, Bhojpur at Ara, in
which it has categorically been stated that despite best effort, the
trace of pendency of employee departmental inquiry and as also
the vigilance case pending against this petitioner could not be
made and the stand so taken in Para 4 of the supplementary
counter affidavit is re-produced as under:-
"4. That with respect to the
aforesaid direction of the Hon'ble Court,
the answering deponent humbly submits
that the instant petitioner was
superannuated from service on
31.01.2013 since it is too old matter and
in between 2013 to 2025, two times the
place of the office of the District
Education Officer has been changed due
to this reason the file related to
departmental proceeding with respect to
the petitioner has not been located till
date. In such a situation, the answering
deponent seeks further four weeks time in
the present matter so that the answering
deponent may be enable to apprise the
court with regard to the status of the
pending departmental proceeding/FIR."
8. Heard counsel for the parties, this court on
consideration of the materials on record finds that the writ petition
Patna High Court CWJC No.10558 of 2019 dt.02-02-2026
is of the year 2019, and even after lapse of about six years, the
authorities have not been able to trace the record, and as such with
the specific stand so taken by the respondents that neither the
records of departmental inquiry nor the vigilance case could be
traced/located in the Office till date. In such view of the matter,
this Court finds it appropriate to direct that now authorities are
under legal obligation to ensure compliance of the order dated
25.11.2011, which is said to have been passed in the case of this
petitioner in the writ petition filed by him in the year 2007 being
CWJC No. 14726 of 2007, issued relying upon the judgment of
Ram Nath Prasad Singh vs. State of Bihar & Ors. reported in
2009(3) PLJR 384, and the direction so issued for consideration,
could not be made owing to the stand taken that there is a
departmental inquiry as well as criminal case is pending against
the petitioner. The extract of the order is being reproduced as
under:-
"None appears for the petitioner.
Counsel for the State is present and
has filed his counter affidavit, wherein, it has
been stated that the issue raised by the
petitioner in this writ application relating to
grant of B.A trained scale of pay to him is
under active consideration with the
Authorities, who have already drawn the
gradation list in terms of the judgment of the
Full Bench in the case of Ram Nath Singh &
Ors vs The State of Bihar & Ors, 2009 (3)
PLJR 384 and the case of the petitioner will
Patna High Court CWJC No.10558 of 2019 dt.02-02-2026
be considered for grant of B.A trained scale of
pay when his turn would come as per the
seniority list.
That being so, this application is
disposed of with a direction to consider the
case of the petitioner strictly in accordance
with the seniority list already prepared by them
and also grant the benefit of B.A trained scale
of pay to the petitioner from due date.
With the aforementioned observation
and direction, this application is disposed of."
9. In the instant case, there is a specific stand taken by
the State-respondent that they have not been able to locate any
record pertaining to departmental inquiry as well as the criminal
case pending against the husband of this petitioner, who is said to
have died during pendency of the case. This Court accordingly
directs the District Programme Officer to comply the direction
dated 25.11.2011 issued in the case of this petitioner being CWJC
No. 14726 of 2007, by adjudicating the claim with regard to grant
of trained pay scales, for which the deceased employee, namely,
Late Krishna Prasad Srivastava is found entitled and appropriate
pay scale be granted to the deceased employee by completing the
formalities within a period of six weeks from the date of
representation, which would be filed by the petitioner, within a
period of four weeks from today.
10. Needless to say, that this case has to be given
priority, insofar the consideration of grant of pay scale is
concerned because, delay is occasioned only on account of callous
Patna High Court CWJC No.10558 of 2019 dt.02-02-2026
affidavit said to have been filed on behalf of the State-respondent
wherein, owing to the pendency of departmental inquiry as well as
criminal case, appropriate consideration has not been made and
even after a lapse of almost 14 years, the respondents are not in a
position to apprise the status of pendency of departmental enquiry
and as also the criminal case and the records are not being located.
11. Be that as it may, now in the facts of the present
case, it is required that appropriate considerations be made as per
the time fixed, to do complete justice in the matter by the
authorities. Accordingly, the instant writ petition stands disposed
of, in above terms.
(Ajit Kumar, J)
abhishekkr/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2026
Transmission Date NA
