Pinku Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2594 of 2026 ====================================================== Pinku Sharma W/o Late Anil Kumar Sharma R/V Dariaura, Tola- Parvaldih, P.O.- Kariyadpur, P.S.- Fatehpur, District Gayaji. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Additional Chief Secretary, Panchayti Raj Department, Bihar, Patna, At New Secretariat, Vikash Bhawan, P.S.- Shashtri Nagar, District- Patna - 800015.

2.

The Additional Chief Secretary, Panchayti Raj Department, Bihar, Patna, AtNew Secretariat, Vikash Bhawan, P.S.- Shashtri Nagar, District- Patna800015. 3.

The District Magistrate, Gayaji, at P.O. and P.S. and District- Gayaji. 4.

The District Panchayati Officer, Gayaji, at P.O. and P.S. and District- Gayaji. 5.

The Block Development Officer, Tankuppa, at P.O. and P.S.- Tankuppa, District- Gayaji.

6.

The Block Panchayti Officer, Tankuppa, At- P.O. and P.S.-Tankuppa, District- Gayaji.

7.

The Sarpanch Gram Kachahri, Jagarnathpur, At P.O. -Jagarnathpur, P.S.- Fatehpur, District- Gayaji.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sharma, Advocate For the Respondent/s :

Mr. Addl. Advocate General (07) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 09-07-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for issuance of a writ in the nature of Mandamus commanding the respondent authority for the following relief/s:- "I. For a direction to the respondent to pay

2/4 the ex-gratia amount/grant in aid against death of Nayaya Mitra to the petitioner who is wife of deceased.

II. Further for a direction to the respondent to pay the interest at the rate of 12% per annum along with exemplary cost of Rs. 2 Lakh for delaying.

III. To grant any other relief for which the petitioner is entitle to get in the eye of law."

3. Learned counsel for the petitioner submits that the husband of the petitioner was working as Nyaya Mitra at Gram Kachahri Jagarnathpur w.e.f. 01.02.2008. He submits that on an unfortunate day i.e. 19.11.2023, the petitioner's husband died while working on the post of Nyaya Mitra at Gram Kachahri Jagarnathpur. The petitioner being a widow has applied for issuance of death certificate of her husband and thereafter, filed a representation along with her Aadhaar Card, photo copy of passbook, selection letter, joining letter and death certificate of her husband and claimed for ex-gratia amount/grant in aid. In this regard, the petitioner has filed a representation before the District Magistrate, Gayaji on 29.02.2024, but till date, her ex-gratia amount has not been paid. Counsel further submits that for grant of ex-gratia amount, a copy of Order No. संखया-8 प/वव०-05-133/2018/216/ पं०रा०पटना,

3/4 वदनांक-11.11.2019 has been annexed as Annexure-P/6 which was issued by the Panchayati Raj Department, Government of Bihar. He submits that after sending the representation and when no payment was made then the petitioner has moved before this Hon'ble Court by filing the present writ petition. Counsel further submits that upon filing the writ petition, counter affidavit has come which has been filed on behalf of respondent nos. 3 to 5, in which a letter has been issued by the District Magistrate, Gaya to the Director, Panchayati Raj Department, Bihar, Patna for requesting to make payment of Rs. 4,00,000/- (Rupees Four Lacs) as ex-gratia amount to the petitioner. Thereafter, no progress has been made.

4. Learned counsel for the State submits that filing further instruction from Panchayati Raj Department is necessary in this matter, therefore, a short adjournment may be granted to file the said instruction in the form of supplementary counter affidavit.

5. In this view of the matter, the petitioner is hereby directed to file representation along with a copy of this order before the Additional Chief Secretary, Panchayati Raj Department, Bihar, Patna (Respondent no. 2) annexing the Annexure-P/6 of the writ petition as well as Annexure-A of the

4/4 counter affidavit, within 30 days from today. Upon receipt of the same, the Respondent no. 2 is directed to pass a reasoned and speaking order on the petitioner's representation within 90 days thereafter. It is made clear that if the said Order No. संखया- 8 प/वव०-05-133/2018/216/ पं०रा०पटना, वदनांक-11.11.2019 is still operative till the date of death of the petitioner's husband then in that case, the Respondent no. 2 shall assure payment to the petitioner within the aforesaid period.

6. Accordingly, with the aforesaid direction, this writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- AFR/NAFR CAV DATE NA Uploading Date 10/07/2026 Transmission Date NA