CWJC/9202/2024 of Pushpa Kumari Roy Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9202 of 2024
======================================================
Pushpa Kumari Roy Wife of Ashok Kumar Roy resident of A-48, Bhagwat
Nagar, Naya Tola, Kumhar, Police Station Agamkuan, District Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Social
Welfare, Government of Bihar, Patna.
2. The Director, Integrated Child Development Service, Department of Social
Welfare, Government of Bihar, Patna.
3. The Joint Director, Department of Social Welfare, Government of Bihar,
Patna.
4. The District Programme Officer, Vaishali, District Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupak Kumar, Advocate
For the State : Mr. Nalin Vilochan Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed with the
following relief/s:-
“I. That this writ application is filed for
issuance of writ in the nature of certiorari for
quashing of notification no. 18 dated
03.01.2022 issued by the Joint Director, Social
Welfare Department, Government of Bihar
whereunder and whereby penalty of
Patna High Court CWJC No.9202 of 2024(2) dt.23-02-2026
2/3
withholding of two increments with cumulative
effect has been inflicted upon the petitioner in
absolute derogation and infraction of
statutory provision of Bihar Government
Servant (Classification, Control and Appeal)
Rules 2005.
II. That this writ application is further filed
for issuance of writ in the nature of mandamus
directing the respondents to grant
consequential benefits to the petitioner
consequent upon quashing of notification no.
18 dated 03.01.2022.”
3. Learned counsel for the petitioner fairly submits
that the petitioner has preferred statutory remedy of review
under Rule 24(2) of the Bihar Government Servants
(Classification, Control & Appeal) Rules, 2005. Counsel
submits that as per his information, no order has been passed by
the authorities concerned on the petitioner’s review petition
dated 10.02.2022.
4. Learned counsel for the State submits that counter
affidavit has not been filed in this case as yet. But, he submits
that according to him, no review petition has been filed. He
submits that from Annexure-P/15 which is alleged to be the
review petition is without any receiving.
5. In this view of the matter, the petitioner is hereby
Patna High Court CWJC No.9202 of 2024(2) dt.23-02-2026
3/3
directed to avail her remedy firstly before the Revisional
Authority (Principal Secretary, Department of Social Welfare,
Government of Bihar, Patna) by filing the review petition along
with a copy of this order, within 30 days from today. Upon
receiving the same, the Revisional Authority i.e. the Principal
Secretary, Department of Social Welfare, Government of Bihar,
Patna is directed to pass a reasoned and speaking order, within
90 days thereafter.
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
Divyansh/-
(Dr. Anshuman, J)
U