Dezy Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8536 of 2025 ====================================================== Dezy Kumari Wife of Padam Kumar Sharma, Residence of MohallaHanuman Nagar, Narayanpur, Post and Police Station- Barbigha, DistrictSheikhpura, Pin- 811101, State- Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Bihar, Patna. 2.

The Accountant General, Bihar, Patna.

3.

The Additional Chief Secretary, Education Department Secretariat, Patna. 4.

The Principal Secretary Finance Department, Government of Bihar, Patna. 5.

The Director Primary Education Department Bihar, New Secretariat at Patna.

6.

The Joint Secretary Education Department, Bihar, Patna. 7.

The District Magistrate, Sheikhpura.

8.

The District Education Officer, Sheikhpura.

9.

The District Programme Officer (Establishment), Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar, Adv.

For the Respondent/s :

Mr. K. N. Jha, AC to GP 11 For the AG :

Mr. Bindhyachal Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 30-10-2025 Heard the parties.

2. Invoking the prerogative writ jurisdiction of this Court, the petitioner seeks a direction commanding upon the respondents to ensure payment of arrears of difference of salary to the tune of Rs.8,78,358/- for which the petitioner is found entitled in terms with the order of this Court in CWJC No. 15610 of 2018 passed on 12.09.202.

3. Learned Advocate for the petitioner submitted that

Patna High Court CWJC No.8536 of 2025 dt.30-10-2025 2/3 despite the fact the petitioner has been found entitled for payment of arrears of difference of salary and the calculation having also been made, till date she has not been paid the aforesaid amount, compelling her to approach this Court.

4. Learned Advocate for the State seeks permission to file a counter affidavit on behalf of respondent no. 9, the copy of which is already served upon the learned Advocate for the petitioner.

5. Permission is accorded. Let the copy of the counter affidavit be taken on record.

6. It is informed that on receipt of the copy of the writ petition, the petitioner has been communicated vide letter No. 953 dated 20.05.2025 that necessary proposals for allotment of funds have already been sent to the Competent Authority vide various letters and as soon as the required fund is received from the Competent Authority, the admissible amount of arrears shall be paid to the petitioner without further delay.

7. Having considered the grievance of the petitioner and the contention advanced by the learned Advocate for the respondent State authorities, this Court directs the respondent Nos. 5, 8 and 9 to look into the matter and ensure payment of arrears of difference amount, preferably within a period of 10

Patna High Court CWJC No.8536 of 2025 dt.30-10-2025 3/3 weeks from the date of receipt/production of a copy of this order.

8. It is made clear that in case of delay, the petitioner shall be entitled to interest at the rate of 6% over the calculated amount which shall be recovered from the erring officials.

9. The writ petition stands disposed of.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 03.11.2025 Transmission Date