Savitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19856 of 2025 ====================================================== Savitri Devi Wife of Late Mandhata Prasad Singh, Resident of VillageBarhonia, P.S.- Sangrampur, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Panchayati, Bihar, Patna.

2.

The Additional Chief Secretary, Panchayat Raj Department, Patna. 3.

The Additional Chief Secretary, Department of Finance, Bihar, Patna. 4.

The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.

5.

The Joint Secretary, Department of Panchayati Raj, Bihar, Patna. 6.

The Deputy Director-cum-Deputy Secretary, Department of Panchayat Raj, Bihar, Patna.

7.

The Divisional Commissioner, Munger Division, Munger. 8.

The District Magistrate, Munger.

9.

The Deputy Development Commissioner, Munger.

10.

The District Panchayat Raj Officer, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Respondent/s :

Mr. Rajeshwar Singh, GA- 10 Mr. Jitendra Kumar, AC to GA- 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-01-2026 Heard learned counsel for the parties.

2. The petitioner has filed the instant application for the following reliefs:

"1. (i) For issuance of an appropriate writ in the nature of mandamus commanding the responsible respondents for a direction to regularize the service of the husband of the petitioner namely Late

2/4 Mandhata Prasad Singh of the training period of Panchayat Sewak and to pay the salary in regular scale of pay of the post of Panchayat Sewak with effect from the date when the husband of the petitioner was appointed to the post of Panchayat Sewak and husband of the petitioner sent for training with effect from 26.04.1999 to 22.07.1999 as after completion of training vide Memo No.73 dated 30.12.2000 issued by under the signature of Respondent No.10 the husband of the petitioner with other Panchayat Sewaks were appointed on the post of Panchayat Sewak in the pay scale of Rs.3200-4900/- but the husband of the petitioner was not paid salary of Panchayat Sewak from 26.04.1999 to 22.07.1999 during service period and even after retirement, and now husband of petitioner has died on 16.06.2023.

(ii) For a direction to the responsible respondents for considering the representation dated 05.04.2018 given to the Respondent No.01, representation dated 06.02.2018 given to the respondent No. 07 and representation dated 06.04.2018 given to the Respondent 10 by the husband of the petitioner with other panchayat sewaks and to pay salary of her husaband for the period of training of Panchayat Sewak till the

3/4 posting on the post of Panchayat Sewak i.e.

from 26.04.1999 to 30.12.2000, as the case of the husband of the petitioner is fully covered with the judgment of this Hon'ble Court passed in CWJC No. 7935 of 1994 with CWJC No.4561 and 4025 of 1995 dated 27.07.1995.

(iii) For any other relief/reliefs for which the petitioner is entitled to."

3. At the outset, learned counsel for the petitioner submits that the representation filed by the husband of the petitioner for the grievances raised in the instant application has not been decided by the respondent authorities inspite of the filing of the representations which have been brought on record as Annexures-P/5 and P/6 to the writ application. It is thus prayed that the writ application be disposed directing the respondent concerned i.e. the Additional Chief Secretary, Panchayat Raj Department, Patna (respondent no.2) to decide the representation filed by the petitioner/her husband within a reasonable time and to pay the consequential benefits.

4. Having heard learned counsel for the parties and having perused the contents of the petition, the writ application is disposed off directing the petitioner to file a fresh representation before the respondent no. 2 within a period of

4/4 four weeks.

5. In case such a representation is filed, the respondent no. 2 shall decide the same within a period of two months from the date of its filing and any consequential amount found payable to the petitioner on account of the benefit accrued to her deceased husband shall be paid to the petitioner within a period of one month from the date of disposal of the representation.

6. In case the representation of the petitioner does not find favour with the respondent authorities, a reasoned order for the same shall be communicated to the petitioner within the aforesaid period.

7. It is made clear that the Court has not entered into the merits of the case of the petitioner which is to be decided by the respondent concerned.

8. The writ application stands disposed off with the above observations and direction.

(Partha Sarthy, J) sauravkrsinha/- U