Patna High Court
Shaheeen SiddiquiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner must first file a fresh representation and the respondents must consider it, afford a hearing if required, and pass a reasoned order, thereby disposing of the writ application.
Summary
The petitioner, Shaheeen Siddiqui, filed a writ petition seeking payment of salary for three separate periods during which she was on leave or deputation, alleging that the respondents arbitrarily marked her absent and withheld her wages. She claimed leave for the death of her mother, casual leave extended beyond sanctioned days, and a deputation for Haji duty, for which she was not paid. The petitioner argued that a fresh representation before the authorities would result in a reasoned order if a personal hearing were afforded. The court directed the petitioner to file a detailed representation within two weeks and ordered the respondents to consider the grievance, afford a hearing if necessary, and issue a speaking order. The writ application was consequently disposed of pending compliance with these directions.
Issues considered
- Whether the petitioner is entitled to salary for the period of leave taken after her mother's demise.
- Whether the petitioner is entitled to salary for the period of extended casual leave beyond sanctioned days.
- Whether the petitioner is entitled to salary for the days spent on deputation for Haji duty.
- Whether the respondents acted arbitrarily in marking the petitioner absent and withholding salary.
Subjects
- writ petition
- salary dues
- leave
- deputation
- administrative law
- procedural fairness
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1053 of 2026
======================================================
Shaheeen Siddiqui Daughter of Late Md. Umar Siddiqui, Resident of
mohalla- 50/31 North Malaka, near SRN Hospital and Medical College, P.S.-
Kotwali, District- Allahabad (Uttar Pradesh).
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Health, Government of Bihar, Patna.
3. The Chief Medical Officer, Bettiah, West- Champaran.
4. The Superintendent, Government Medical College and Hospital, Bettiah,
West- Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed this writ application for
grant of following reliefs:-
“I. For issuance of writ/writs,
order/orders, direction directions commanding
and directing the respondents concerned to
consider the claims of the petitioner for the
period 284/2024 to 16/5/2021 during which the
petitioner after intimating the controlling
authority proceeded on leave due to sad demise
of her mother and after performing Sharda Kram
(rituals) she joined her post on 17/5/2021 and
submitted representation to grant appropriate
leave for the intervening and pay the salary of
that period.
Patna High Court CWJC No.1053 of 2026(2) dt.03-02-2026
2/3
II. For adjusting the period 23/10/2023
to 4/11/2023 during which she proceeded on
casual leave on 23/10/2023 for 10 days but due
to compelling circumstances petitioner joined her
post exceeding 3 days from sanctioned leave and
joined on 4/11/2023 but despite submitted the
application for extending the casual leave
respondent authorities arbitrarily shown the
petitioner absent and didn’t pay the salary of the
period.
III. For directing upon the respondents
concerned to pay the dues salary for period
27/6/2025 to 30/6/2025 total of 4 days during
which petitioner was sent on deputation for Haji
duty and since after returning from deputation
for Haz duty she joined her post despite that her
salary of 4 days were not paid without valid
reasons.
IV. And for any other relief/reliefs for
which the petitioner is being entitled to in the
given facts and circumstances of the case.”
3. At the very outset, learned counsel for the petitioner
submits that he would be contended with the fact that if a fresh
representation is filed before the authorities concerned, the same
may be disposed of by a speaking and reasoned order after
affording an opportunity of personal hearing to the petitioner.
4. Accordingly, in the interest of justice, let the
petitioner file a detailed representation along with a copy of this
order within two weeks from today.
5. The authority concerned is directed to duly
consider the grievance of the petitioner and if necessary the
Patna High Court CWJC No.1053 of 2026(2) dt.03-02-2026
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petitioner may be afforded an opportunity of hearing and then
pass a reasoned and speaking order in accordance with law and
communicate it to the petitioner.
6. This writ application stands disposed of in the
aforesaid terms.
(Praveen Kumar, J)
Ranjeet/-
U
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