Patna High Court
Bela DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The writ petition is dismissed as the respondents have demonstrated that all admissible dues have been paid.
Summary
Bela Devi filed a writ of mandamus seeking a direction to the State of Bihar and related officials to pay salary dues owed to her late husband for the years 2012-2014. The respondents filed a counter‑affidavit stating that all admissible salary and retirement benefits, including gratuity, had already been paid, attaching sanction letters and payment forms as annexures. The petitioner did not contest these statements. The court examined the counter‑affidavit and found that the grievance was fully satisfied. Consequently, the court held there was nothing further to decide and disposed of the petition.
Issues considered
- Whether the petitioner is entitled to the salary dues of her deceased husband for the period 2012‑2014.
- Whether the respondents have already discharged the liability by paying all admissible dues.
- Whether a writ of mandamus can be issued when the relief sought is already satisfied.
Subjects
- mandamus
- salary dues
- posthumous claim
- government employee
- writ jurisdiction
- grievance satisfaction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13501 of 2021
======================================================
Bela Devi W/o Indra Bhushan Singh, R/o Village - Ward No. 11, Sahahpur,
P.O.- Shahpur, P.S.- Shahpur, Via- Ghaumukh, District- Madhepura Shahpur.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Bihar, Patna.
2. Principal Secretary, Rural Development, Bihar, Patna.
3. Accountant General, Bihar, Patna.
4. Commissioner, Kosi Division, Saharsa.
5. Collector, Saharsa.
6. Deputy Development Commissioner, Saharsa.
7. Sub Divisional Officer, Saharsa.
8. Treasury Officer, Saharsa.
9. Block Development Officer, Saharsa.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Ms. Mallika Mazumdar, Advocate
For the State : Mr. Sudhanshu Bhushan, AC to GP-7
For the Acct. General : Mr. Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 27-01-2026 1. The petitioner has filed the instant application for
the following relief :-
“1. That this writ of mandamus is
being filed upon the Respondent for a direction
to pay the salary to the petitioner of her late
husband due from 2012 to 2014.”
2. Learned counsel for the petitioner submits that as
per statement made in the counter affidavit filed on behalf of
respondent nos.4 to 9, the grievance of the petitioner has been
Patna High Court CWJC No.13501 of 2021(4) dt.27-01-2026
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redressed. She does not have further instructions in the matter to
contradict the said statement.
3. Having heard learned counsel for the parties and
having perused the contents on record, the statement made in
paragraph nos.6 and 7 of the counter affidavit is reproduced
herein below for ready reference :-
“6. That with respect to the grievance raised
by the petitioner it is stated that the respondents
concerned have paid all the admissible dues that
the petitioner’s deceased husband Late
Indrabhushan Singh, Upper Division Clerk,
Block- Patarghat, District-Saharsa was entitled
to, the details whereof being as under-
Patna High Court CWJC No.13501 of 2021(4) dt.27-01-2026
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Photocopies of the sanction letters for
the payment exhibited and Letter no.243
dated 18.05.2021 of the Senior Treasury
Officer, Madhepura and Form no.
1207P0067240820 dated 24.08.2020 of
the Office of the Principal Accountant
General, Patna showing the payment of
gratuity are annexed herewith and
marked as Annexure- A and B series to
this counter affidavit
7. That the facts stated here evidently show
that the grievances of the petitioner have been
saturated by the respondents concerned by
making payment of all the salary dues and retiral
benefits to the petitioner that were admissible to
the petitioner’s deceased husband.”
4. In view of the facts and circumstances of the case
and especially in view of the statement made in the counter
affidavit of the respondents as reproduced herein above,
nothing remains to be decided in the instant application.
5. The application stands disposed of.
(Partha Sarthy, J)
avinash/-
U
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