Reema Kumari v. The Principal Secretary, Panchayati Raj Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1649 of 2022 ====================================================== Reema Kumari wife of Rakesh Kumar Ray resident of Village and Post Office- Bakhra, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The Principal Secretary, Panchayati Raj Department Government of Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The District Panchayati Raj Officer, Muzaffarpur. 4.

The Block Development Officer, Saraiya, Muzaffarpur. 5.

The Block Panchayati Raj Officer, Saraiya, Muzaffarpur. 6.

The Sarpanch of Gram Panchayat Raj Bakhra, Saraiya, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha, Advocate For the Respondent/s :

Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2026

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following reliefs.

"(i) For direction or directions to the authorities/ Respondents concern to comply the order dated 03.09.2021, passed in Memo No.:- 2116/ Panchayat/ dated 03.09.2021, passed by the learned District Programme Officer, Muzaffarpur, whereby the Learned Officer setaside the order dated 01.03.2021, passed by the Sarpanch of Gram Panchyat Raj Bakhra, whereby the Sarpanch passed the order of retrenchment of the petitioner who was posted on

Patna High Court CWJC No.1649 of 2022(7) dt.09-04-2026 2/3 the post of Gram Kachahari Secretary, at Gram Panchyat Raj Bhakhra, following the sub sections (1) and (2) of Section 14 rules of (niyojan, sewa sart awam kartabya) Niyamawali 2014. (ii). For direction to the authorities concern to count her duty continuous pursuant to the order dated 03.09.2021 and make payment of salary to the petitioner from February 2018 to till the date of her reinstatement on the aforesaid post. (iii) For any other relief or reliefs to which the petitioner may be found entitled in the facts and circumstances of the case."

3. It is submitted by learned counsel for the petitioner that inspite of the order contained in memo no. 2116 dated 3.9.2021 of the District Panchayati Raj Officer, Muzaffarpur setting aside the order of retrenchment of the petitioner, the petitioner was not being permitted to join. As per instructions received, the petitioner has finally been made to join on 6.4.2026.

4. Learned counsel for the petitioner further submits that though the petitioner has been made to join, however, the respondents have still not paid the honorarium for the period from February, 2018 to 6.4.2026, ie the period that the petitioner was prevented from working as a result of the illegal order of retrenchment which was finally set aside by the order dated

Patna High Court CWJC No.1649 of 2022(7) dt.09-04-2026 3/3 3.1.2021 (Annexure-3) of the District Panchayati Raj Officer, Muzaffarpur.

5. In view of the facts and circumstances of the case, the petitioner is directed to file a representation before the District Panchayati Raj Officer, Muzaffarpur (respondent no. 3) and the Block Panchayati Raj Officer, Saraiya, Muzaffarpur (respondent no. 5) for her remaining grievances with respect to the amount of honorarium which the petitioner has been denied for the period that she was kept out of work as a result of retrenchment.

6. In case the representation is filed within a period of four weeks, the same shall be decided by the respondent concerned within a period of two months from the date of its filing and the amount found payable shall be paid within a period of four weeks from the date of passing of the order.

7. In case the representation of the petitioner does not find favour with the respondent concerned, a reasoned order for the same shall be communicated to the petitioner within the aforesaid period.

8. The writ application stands disposed of.

Bibhash (Partha Sarthy, J) U