Nainsi Kumari v. The State Of Bihar Through The Principal Secretary, Food And Consumer Protection Department,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5375 of 2026 ====================================================== Nainsi Kumari D/o Sheonarayan Singh Resident of Narsan, Post - Itwan, Narsan, P.S. Haspura, District- Aurangabad, Bihar - 824120... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 2.

The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

3.

The Special Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

4.

The Joint Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

5.

The District Magistrate, Rohtas, Sasaram.

6.

The District Magistrate, Nalanda at Biharshariff. 7.

The Additional Collector-cum-District Supply Officer, Rohtas, Sasaram. 8.

The District Supply Officer, Rohtas, Sasaram. 9.

The District Supply Officer, Nalanda.

10.

The Sub-Divisional Officer, Bikramganj, Rohtas. 11.

The Sub-Divisional Officer, Hilsa, Nalanda.

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

For the Petitioner/s :

Mr. Pratik Kumar Sinha, Advocate For the Respondent/s :

Mr. Government Pleader (03) ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 17-04-2026 Heard the parties.

2. The present writ petition has been filed for the following reliefs:- (i) Issuance of order/orders or writ/writs or direction/directions, preferably a writ of certiorari for quashing and setting aside the office order dated 16/3/2026 of the respondent no.10, Sub-Divisional Officer, Bikramganj, Rohtas as contained in letter no. 691 dt. 16/3/2026 (Annexure-P/22) by which the request made by the petitioner for reliving her from the post of Block Supply Officer, Inspector in order to join her the post of Block Supply Inspector,

2/5 Ekangarsarai, Nalanda has been turned down on the ground that earlier she was relieved by the respondent no. 7, Additional Collector-cum-District Supply Officer, Rohtas, Sasaram vide its officer order as contained in letter no. 800/Aa.. dt.

6/10/2025 consequent upon transfer order having been issued in respect to the petitioner and others vide notification as contained in letter no. 1291/Food, Patna dt. 30/6/2025 by the respondent no. 4, Joint Secretary, Food & Consumer Protection Department, Govt. of Bihar, Patna;

(ii) For issuance of appropriate order/orders, writ of a mandamus holding and declaring the order dt. 6/10/2025 of the respondent no. 7, Additional Collector-cum-District Supply Officer, Rohtas, Sasaram issued vide letter no. 800/Aa relieving the petitioner from the post of Block Supply Inspector, Nasriganj, thereby enabling her to join at Ekengarsarai Block as Block Supply Inspector is inconsequential and redundant on the ground that the such reliving order dt. 6/10/2025 was never ever intimated to her and during the relevant time she was on medical leave as she was undergoing treatment in hospital at Delhi in furtherance of accident that took place in course of duty on 20/5/2025 while she was returning from District Head Quarter, Rohtas to Block Nasriganj.

3/5 (iii) Consequent upon issuance of aforesaid declaration, appropriate order/orders, writ/writs or direction/directions, preferably a writ of a mandamus may be issued commanding the respondents, in particular to the respondent no. 7, Additional Collector-cum-District Supply Officer, Rohtas, Sasaram to issue order afresh reliving the petitioner from the post of Block Supply Inspector, Nasriganj.

Sasaram enabling her to join the post of Block Supply Inspector at BlockEkangarsarai, District-Nalanda pursuant to the order of transfer issued vide notification as contained in letter no. 1291 dt. 30/6/2025 and further direction may be issued to the competent authority to treat her service in continuity for the period between 21/5/2025 to till the date relieving afresh updating the same it in the service book and also grant increment, admissible arrears of salary and other benefits in accordance with law.

(iv) For issuance of appropriate order/orders, writ of a mandamus directing the state respondents to make medical reimbursement of around Rs. 201000/- to the petitioner as the said medical expenses has been incurred by her in medical treatment which arose due to accident in course of her employment/official duty;

(v) For issuance of appropriate order/orders,

4/5 writ of a mandamus directing the state respondents to pay suitable litigation cost to the petitioner as due to their inaction, harassing attitude and rather in order to save their skin for their fault and default committed by them, she is being constrained to file the instant writ petition which otherwise could not have been filed if the authorities would have considered the matter with seriousness;

(vi) For issuance of further order/orders or writ/writs or direction/directions directing the respondent authorities to grant her further relief as the petitioner may be entitled to in the attending fact and circumstances of the case to see the ends of Justice.

3. At the outset, the learned counsel for the petitioner submits that the petitioner gave her joining before the SubDivisional Officer, Hilsa, Nalanda on 16.04.2026, which was accepted in the office of the Sub-Divisional Officer, Hilsa, Nalnda. It is the contention of the learned counsel for the petitioner that although joining has been accepted on 16.04.2026, but the petitioner has not been posted anywhere. He further submits that continuity in service for the period, during which the petitioner was absent, after informing the competent authority, on account of her accident and for payment of salary

5/5 for the said period, she would be filing an appropriate application before the Sub-Divisional Officer, Hilsa, Nalanda.

4. The learned counsel for the State-respondents have also accepted the said position.

5. Having heard the learned counsel for the parties and after going through the records, it appears that since the joining of the petitioner has already been accepted by the respondent-authorities, it is expected that she will be given posting at the earliest and her grievance with regard to continuity in service and payment of salary will be considered in accordance with law, considering the fact that the petitioner met with an accident and after duly informing the competent authority, she proceeded for treatment. Vide Annexure-P/6 to the writ petition i.e. Memo No. 472 dated 23.05.2025 issued under the signature of the Sub-Divisional Officer, Bikramganj, Rohtas, her charge was given to Block Supply Officer, Dinara till further orders.

6. The writ petition is disposed of in the aforementioned terms.

(Ritesh Kumar, J) AjayMishra/- U