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Patna High CourtCWJC/5052/2026disposed

Bugun Kumari @ Bugan Kumari v. The State Of Bihar

2026-04-06Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5052 of 2026 ====================================================== Bugun Kumari @ Bugan kumari W/o- Late Navlesh Prasad Singh @ Navlesh Prasad, D/o Rabindra Singh, Resident of Village- Madhopur, P.S.- Silao, District- Nalanda. At present residing at Vishnu Bihar Colony, Road No. 1, Bhusunda Manpur Gaya, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Addl. Chief Secretary, Rural Work Department, Govt. of Bihar, Patna.

2.

The Addl. Chief Secretary, Rural Work Department, Govt. of Bihar, Patna. 3.

The Engineer-in-Chief cum Addl. Commissioner- cum-Special Secretary, Rural Work Department, Govt. of Bihar, Patna. 4.

The Executive Engineer, Rural Work Department, Works Division, Tekari, Gaya.

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

For the Petitioner/s :

Mr. Siya Ram Shahi, Advocate Mr. Abhishek Raj Kashyap, Advocate For the Respondent/s :

Mr. Birju Prasad, GP-13 Mr. Ajit Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 06-04-2026 Heard learned Counsel for the petitioner and learned Counsel for the State.

2. The present writ petition has been filed with the following reliefs:- "For issuance of an appropriate writ commanding the respondents to pay the due salary of late Navlesh Prasad Singh, Husband of the petitioner, who died on

2/4 03.04.2024 from January, 2000 to March 2001 and from 01.08.2005 till retirement that is on 31.05.2020.

(ii) For issuance of any other relief/reliefs for which the petitioner is entitled under law as well as under facts."

3. Learned Counsel for the petitioner submits that petitioner is the wife of late Navlesh Prasad Singh, who died on 03.04.2024. Counsel submits that husband of the petitioner was appointed as Junior Engineer on 29.12.1987 and during his service period he was lastly posted as Junior Engineer, at Tekari Section (Gaya) under Rural Works Division, Tekari, Gaya, where he was arrested on 27.04.2017 in Vigilance Trap resulted into Vigilance Case No.30 of 2017 under Sections 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. Counsel submits that in addition to a criminal case, there was a departmental proceeding initiated against him in which he was dismissed vide order dated 28.04.2020 against which the husband of the petitioner preferred departmental appeal which was also dismissed on 02.02.2021. Then the husband of the petitioner preferred CWJC No.3859 of 2022 against the order of dismissal which was also dismissed due to non-compliance of peremptory order dated 27.09.2023. On 03.04.2024, the

3/4 husband of the petitioner died. The petitioner filed MJC No.788 of 2025 for restoration of CWJC No.3859 of 2022. Counsel submits that the date of superannuation of the husband of the petitioner was 31.05.2020. Entitlement of the petitioner for the post retiral dues of her husband was subject to outcome of CWJC No.3859 of 2022 but for the admissible salary and other dues of her husband, petitioner is entitled and in this regard the petitioner filed representation before the Executive Engineer and other Officials. Counsel submits that subsequently vide Annexure-P/9, letter No.9463 dated 02.09.2025, a letter has been communicated by respondent No.3 to the Executive Engineer, Rural Works Department, Work Division, Tekari, to proceed with regard to the petitioner's admissible dues. But in spite of that no a single penny has been paid. Thereafter, the petitioner has filed the present writ petition.

4. Learned Counsel for the State submits that the writ petition may be disposed off directing the petitioner to file fresh representation before respondent No.3, the Engineer-in-Chiefcum-Additional Commissioner-cum-Special Secretary, Rural Works Department, Government of Bihar, Patna, to pay admissible dues to the petitioner.

5. In the light of the submissions made, the writ

4/4 petition is disposed off directing the petitioner to file representation along with a copy of this order before respondent No.3, the Engineer-in-Chief- cum-Additional Commissionercum-Special Secretary, Rural Works Department, Government of Bihar, Patna, within 30 days from today and respondent No.3, the Engineer-in-Chief- cum-Additional Commissioner-cumSpecial Secretary, Rural Works Department, Government of Bihar, Patna, shall pass a reasoned and speaking order on the representation of the petitioner within 60 days thereafter. (Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.04.2026 Transmission Date