Kumari Premsheela v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13008 of 2025 ====================================================== Kumari Premsheela Wife of Sri Ganesh Rai Resident of Ghoswari, P.S.- Bakhtiyarpur, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Principal Secretary, Health Department, Government of Bihar, Patna. 3.
The Director-in-Chief, Health Department, Govt. of Bihar, Patna. 4.
The Civil Surgeon-cum- Chief Medical Officer, Patna. 5.
The Medical Officer, Primary Health Centre, Fatuha, District- Patna. 6.
The Accountant General, Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the State :
Mr. Kumar Pankaj, A.C. to S.C.-5 For the A.G., Bihar : Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner, who retired from service while working on the post of Auxiliary Nursing Midwifery (A.N.M.) from Primary Health Centre, Fatuha on 30.6.2023, has filed the instant writ application for the following relief(s): "(i) That by way of this application petitioner seeks indulgence of this Hon'ble Court for issuance of appropriate writ/order/direction in the nature of mandamus commanding the respondents to grant one increment of her salary who retired from service w.e.f. 30.6.2023 while working on the post of ANM in the primary health centre Fatuha, Patna in light of memo
Patna High Court CWJC No.13008 of 2025(2) dt.15-09-2025 2/3 no.7831(F) dated 22.7.2024 issued by the Finance Department and accordingly revise her pay scale and make arrears of salary as well as pensionary benefit. (ii) For issuance of writ/order/direction to the respondents to make payment of interest on delayed payment amount in light of various judgment passed by this Hon'ble Court, as well as Hon'ble Apex Court. (iii) To make payment of remaining balance amount of General Provident Funds.
(iv) To issue direction to the respondents to refund Rs.12000/- the cost of a Tab to the petitioner which has been wrongly deducted from her gratuity amount, because the tab has been stolen and an F.I.R. has been lodged at Rail police post vide case no.139/22 dated 21.12.2022 under section 379 of I.P.C.
(v) For issuance of appropriate writ/order/direction to the Respondents for which the petitioner is found entitle too in the facts and circumstances of the case."
3. In view of the prayer made in the writ application and having heard learned counsel for the parties, the writ application stands disposed of directing the petitioner to file a representation before the Civil Surgeon-cum-Chief Medical Officer, Patna (respondent no.4) within a period of three weeks.
4. In case such a representation is filed, the respondent concerned shall dispose of the same within a period of two months from the date of its filing.
5. If any of the relief and consequential monetary benefit is found payable to the petitioner, the same shall be paid to the
Patna High Court CWJC No.13008 of 2025(2) dt.15-09-2025 3/3 petitioner within the aforesaid period or else a reasoned order communicating the reasons for its non-payment shall be made available to the petitioner.
6. It is made clear that the Court has not gone into the merits of the case of the petitioner which shall be decided by the concerned respondent.
7. The writ application stands disposed of with the above directions and observations.
(Partha Sarthy, J) Saurabh/- U