Devanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16754 of 2025 ====================================================== Devanti Devi Wife of Late Jay Narayan Ray, Resident of Village-West Balua, P.O.-Kanshdier, P.S.-Doriganj, District-Saran (Bihar). ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Revenue Department, Govt. of Bihar, Patna.
2.
The Additional Chief Secretary, Revenue Department, Govt. of Bihar, Patna. 3.
The Additional Chief Secretary, Panchayat Raj Department, Govt. of Bihar, Patna.
4.
The Deputy Secretary, Panchayat Raj Department, Govt. of Bihar, Patna. 5.
The District Magistrate, Saran at Chapra.
6.
The District Panchayat Raj Officer, Saran at Chapra. 7.
The Block Development Officer, Block-Dariyapur, District-Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar, Advocate Mr. Shambhu Sharan Sharma, Advocate Mr. Abhirup, Advocate For the Respondent/s :
Standing Counsel-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2025
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant application for the following reliefs :- "(I) Dues Salary for the period of (i) 01.07.2000 to 31.03.2007 of Suspension periods (ii) 01.02.2008 to 28.02.2009 working periods (iii) 01.02.2012 to 31.12.2012 total- 8 years 9 months.
(II) Difference amount of Earn Leave Salary for 300 days of Rs. 95,110/- (Ninety five thousand one hundred ten) after fixation of Pay
Patna High Court CWJC No.16754 of 2025(2) dt.25-11-2025 2/3 after granting 1st A.C.P and 2nd A.C.P.
(III) For further direction to the respondent authorities to pay 18% compound interest on his dues salary for delay payment. (IV) For further any other reliefs/reliefs, direction /Directions, order/ orders may deem fit and proper in the facts and circumstances of this case."
3. It is the case of the petitioner that her husband was appointed on 19.6.1984 on the post of Panchayat Secretary and retired on 31.12.2012. The petitioner's husband died on 28.7.2016 and the dues as prayed for in the writ application still remain outstanding and has not been paid to the petitioner inspite of the representations filed before the District Magistrate, Saran at Chapra nor has the petitioner received any response to her said representations.
4. As such, it is submitted by learned counsel for the petitioner that the writ application be disposed of with a direction to the respondent concerned to consider the representations filed by the petitioner and to pay the dues within a reasonable period.
5. Having heard learned counsel for the parties and having perused the contents of the petition, the instant application is disposed of directing the petitioner to file a fresh representation before the District Magistrate, Saran at Chapra
Patna High Court CWJC No.16754 of 2025(2) dt.25-11-2025 3/3 (respondent no.5) within a period of four weeks.
6. In case such a representation is filed, the same shall be considered by the respondent concerned and decided within a period of three months from the date of its filing.
7. In case any amount is found payable, the admitted amount shall also be paid to the petitioner within the aforesaid period.
8. In case the respondent finds the amount claimed/prayed for by the petitioner not to be payable, a reasoned order for the same shall be communicated to the petitioner.
9. It is made clear that the Court has not gone into the merits of the case/claim of the petitioner which is to be decided by the respondent concerned.
10. The writ application stands disposed of with the above observations and directions.
(Partha Sarthy, J) avinash/- U