Shyama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15619 of 2024 ====================================================== Shyama Devi W/o Late Nandeshwar Prasad, Resident of Village-Forbesganj (Training School Ward No-20), Police Station-Forbesganj, District-Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, General Administration Department, Government of Bihar, Patna.

2.

The District Magistrate, District-Araria at Araria. 3.

The Sub-Divisional Officer, Forbesganj, District-Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manisha Khushi, Adv.

For the Respondent/s :

Mr. Jitendra Kumar, SC13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-10-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondent authorities to pay the arrears of petitioner's husband for the work he had done while being posted at the post of Contractual Clerk in Sub-division Office, Forbesganj w.e.f. dated 22.09.2014 to 02.02.2016.

3. Counsel further submits that the petitioner's husband died on 05.11.2017 due to illness, thereafter the petitioner wrote several letters to Sub-divisional Officer, Forbesbanj, District- Araria requesting for payment of her husband's arrears which is Annexure-P/7 series of the writ

Patna High Court CWJC No.15619 of 2024(2) dt.08-10-2024 2/3 petition, but till date, no decision has been taken in this regard.

4. Counsel further submits that the dues of the petitioner's husband for the period he worked on the said post, could not be paid for which the present writ petition has been filed.

5. Learned Counsel for the State submits that from the pleadings made by the petitioner, it transpires that the writ petition of the petitioner is pending.

6. It transpires to this Court that the petitioner's husband was appointed by virtue of Memo No.896 dated 22.09.2014 by the order of District Magistrate, Araria and he had joined the said post of contractual Clerk w.e.f. 22.09.2014 and subsequently, the order has been passed by the District Magistrate, Araria which is contained in memo No.153 dated 23.02.2016 that due to his illness, he has resigned from the said post.

7. In the light of the submissions made by the parties, the present writ petition is hereby disposed off directing the petitioner to file a fresh representation before the District Magistrate, Araria within 30 days along with the order passed by this Court and the District Magistrate, Araria is directed to take decision on the representation filed by the petitioner within

Patna High Court CWJC No.15619 of 2024(2) dt.08-10-2024 3/3 90 days from date of filing of her fresh representation before him.

8. With the aforesaid directions, the present writ application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/- U