Disposed

Dharmesh Kumar v. The State of Bihar

Patna HC13 Aug 2026CWJC/16367/2025

Case brief

AI extract

What is this about?

The court disposed of a petition by employees of BSMFC seeking writs to quash a memo reorganizing posts and retaining service benefits. The court directed the petitioner to file a fresh representation before the Secretary, Minority Welfare Department.

What did the court decide?

Directed the petitioner to file a fresh representation before the Secretary, Minority Welfare Department within four weeks, to be decided within three months.

Dharmesh Kumar Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2026)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16367 of 2025

¶2

======================================================

¶3

Dharmesh Kumar S/o- Late Nageshwar Prasad, Resident of- Punjabi Colony, New Godam, PO- New Godam, PS- Kotwali, District- Gaya, Pin Code- 823001.

¶4

Pankaj Kumar Jha, S/o- Late Baiydhnath Jha, Resident of Village- Sahar Ghat, PO and PS- Sahar Ghat, District- Madhubani, Pincode- 847308.

¶5

S.M Aquil Ahmad, S/o Late S.M Mustafa, Resident of Mohalla- New Karimgaj, PO- Karimganj, PS- Civil Line, District- Gaya, Pincode- 823001.

¶6

Shambhu Singh, S/o- Late Ram Ashish Singh, Resident of- BSMFC 34 Harding Road Haj Bhawan Patna-800001.

¶7

Rafi Ahmad, S/o- Late Mohamad Shaeb, Resident of Village and PostBanauli, PS- Simri, District- Darbhanga.

¶8

Sakina Khatun, W/o- Late M.D Shamsuddin, Resident of MohallaMakhdoomsafa Nagar Gram-Jamaluddin Chak PO- Khagaul, PS- Shahpur, District- Patna, Pincode- 801105.

¶9

Asgari Khatoon, C/o- Late Noor Mohammad, Resident of- BSMFC 34 Harding Road Haj Bhawan Patna-800001.

¶10

... ... Petitioner/s

¶11

Versus

¶12

The State of Bihar through Secretary, Minority Welfare Department, First Floor, Annexe Building Block-4, Main (Old) Secretariate, Govt. of Bihar, Patna.

¶13

The Secretary, Minority Welfare Department, First Floor, Annexi Building Block-4, Main (Old) Secretariate, Govt. of Bihar, Patna.

¶14

The Joint Secretary, Minority Welfare Department, First Floor, Annexe Building Block-4, Main (Old) Secretariate, Govt. of Bihar, Patna.

¶15

The Additional Secretary cum Director, Minority Welfare Department, First Floor, Annexe Building Block-4, Main (Old) Secretariate, Govt. of Bihar, Patna.

¶16

The Bihar State Minorities Financial Corporation Limited, through its Managing Director, 34, Harding Road, Patna.

¶17

The Managing Director, Bihar State Minorities Financial Corporation Limited, 34, Harding Road, Patna.

¶18

... ... Respondent/s

¶19

====================================================== Appearance : For the Petitioner/s : Mr. Siddhartha Prasad, Advocate Mr. Sunit Kumar, Advocate For the State : Mr. Government Advocate (5) For Resp. Nos. 5 & 6 : Ms. Anukriti Jaipuriyar, Advocate Mr. Rajnikant Kumar, Advocate Mr. Preet, Advocate ======================================================

¶20

Patna High Court CWJC No.16367 of 2025(2) dt.13-08-2026 2/4

¶21

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

¶22

ORAL ORDER

¶23

2 13-08-2026

¶24

Heard learned counsel for the parties.

¶25

The petitioners have filed the instant application for

¶26

the following relief (s) :-

¶27

“I. For issuance of an appropriate writ

¶28

for quashing Departmental Memo No. 979 dated 09.06.2020, whereby and whereunder the Minority Welfare Department approved reorganization and creation of 78 posts on fixed honorarium basis, and simultaneously "returned" 19 regular sanctioned posts, against which the petitioners, being duly confirmed employees of BSMFC, have been working since long, and who are now on the verge of retirement, the petitioners are praying herein to quash the said letter to the extent it adversely affects their service conditions.

¶29

II. For issuance of appropriate writ for

¶30

commanding the respondents to retain the petitioners in services of the petitioners with fullservice benefits as admissible till their age of superannuation, notwithstanding the surrender of posts in the light of letter dated 09.06.2020.

¶31

III. To direct the respondents to release all withheld benefits including annual increments,

¶32

Patna High Court CWJC No.16367 of 2025(2) dt.13-08-2026 3/4

¶33

revised DA at 53%, HRA as per new slabs, ACP/MACP, promotions and other entitlements, with arrears and statutory interest.

¶34

IV. To direct the Respondents, in the

¶35

alternative, to take a final decision on the petitioners' representations and the recommendations of the Corporation within a time-bound period and to grant all consequential benefits.

¶36

V. For any other relief(s) to which the petitioner may be found entitled in the facts and circumstances of the case.”

¶37

At the outset, it is submitted by learned counsel for

¶38

the petitioners that the instant application may be disposed of enabling the petitioners to file a representation before the Secretary, Minority Welfare Department, Govt. of Bihar (respondent no.2) with a direction to the respondent concerned to decide the same within a reasonable time.

¶39

Having heard learned counsel for the parties and having perused the contents of the petition, the writ application is disposed of directing the petitioners to file a fresh representation before the Secretary, Minority Welfare Department, Govt. of Bihar (respondent no.2) within a period of

¶40

Patna High Court CWJC No.16367 of 2025(2) dt.13-08-2026 4/4

¶41

four weeks.

¶42

The representation shall be decided by the respondent no.2 within a period of three months from the date of its filing and the result thereof shall be communicated to the petitioners forthwith.

¶43

The writ application stands disposed of with the above observations and directions.

¶44

(Partha Sarthy, J)

¶45

Shiv/-

¶46

Dharmesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mukesh Kumar Vs The State of Bihar

Santosh Kumar Vs The State of Bihar

Md. Tahir @ Tahir Khan Vs The State of Bihar

Meer Sarbar Vs The State of Bihar

Sangeeta Kumari @ Sanjeeta Kumari Vs The State of Bihar

Uday Kumar Mishra Vs The State of Bihar