Mani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7683 of 2026 ====================================================== Mani Devi w/o late Kameshwar Pandey, Driver Bihar State Road Transport Corporation Bankipore Depot, Patna Division, Patna, residing at Vill. and Post Fatehpur, P.S. Didarganj, District Patna 803201. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Transport Department, Govt. of Bihar, Patna.

2.

The Secretary, Transport Department, Govt. of Bihar, Patna. 3.

The Administrator, Bihar State Road Transport Corporation, Parivahan Bhawan, Patna.

4.

The Chief of Administration, Bihar State Road Transport Corporation, Parivahan Bhawan, Patna.

5.

The Regional Manager, Bihar State Road Transport Corporation, Patna. 6.

The Divisional Manager, Bihar State Road Transport Corporation, Patna. 7.

The Chief Account Officer, Bihar State Road Transport Corporation, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Ghoswamy, Advocate For the Respondent/s :

Mr.Sitaram yadav, GP-16 Mr. Yatindra Narayan, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-06-2026 Heard Learned Counsel for the petitioner and Learned Counsel for the Bihar State Road Transport Corporation.

2. The present writ petition has been filed with the following reliefs:- i. For issuance of an appropriate writ, order, or direction for quashing the order dated 18.04.2023 passed by the Secretary, Transport Department-cum-Appellate Authority, Government of Bihar, Patna as communicated via Memo No.

836-00030, whereby the petitioner's appeal for

Patna High Court CWJC No.7683 of 2026(2) dt.16-06-2026 2/3 payment of back wages was rejected based on the erroneous application of the "No Work No Pay" principle.

ii. Quashing the judgment and order of the Transport Appellate Tribunal vide memo no. 836-00249 dated 23.01.2025 as contained in Annexure -P/5;

iii. Directing the Respondents to pay the arrears of the wages of late Kameshwar Pandey, Driver of the Bihar State Road Transport Corporation with interest and costs.

iv. Pass any other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

3. After some argument, counsel for the petitioner seeks permission to sue before the competent forum for proper implementation of the award dated 21.04.2009 in Reference Case No.15 of 1999.

4. Counsel further submitted that the workman (petitioner's husband) had already died and under ill advice, his widow has filed the present writ petition. He seeks permission to avail the remedy available under the Industrial Disputes Act, 1947, now called as Industrial Relations Code, 2020.

5. Learned counsel for the Corporation, on the other hand, submits that it has already been accepted by the petitioner that all retiral dues has already been paid to her and there is not

Patna High Court CWJC No.7683 of 2026(2) dt.16-06-2026 3/3 a single chit of paper placed on record by which it becomes clear that the petitioner has approached before the Corporation to join after receiving the award.

6. This Court without interfering into merit or demerit of this case, only disposing of the present writ petition in the light of submissions made by the petitioner that she shall take remedy under law for implementation of the award.

7. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J) Prakashmani/- U