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Patna High Court

Bela DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                           2/3




          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
                                                       3/3




                                                  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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