Patna High Court
Reema KumariversusThe Principal Secretary, Panchayati Raj Department
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The Court directed the petitioner to file a representation for the outstanding honorarium and set procedural timelines, thereby disposing of the writ petition without directly ordering payment.
Summary
Reema Kumari, a Gram Kachahari Secretary, filed a writ petition challenging her illegal retrenchment and seeking reinstatement and payment of honorarium from February 2018 until her eventual reinstatement on 6 April 2026. The petitioner relied on a district Panchayati Raj Officer’s order dated 3 September 2021 that set aside the earlier retrenchment order dated 1 March 2021. Although she was finally allowed to re‑join on 6 April 2026, the respondents had not paid the accrued honorarium for the period she was barred from work. The Court directed the petitioner to file a representation before the District and Block Panchayati Raj Officers for the outstanding amount, prescribing a four‑week filing period and a two‑month decision period, with payment to be made within four weeks of the order. The Court further required a reasoned order if the representation is rejected and disposed of the writ application.
Issues considered
- Whether the respondents must comply with the 3 September 2021 order setting aside the retrenchment of the petitioner
- Whether the petitioner is entitled to back‑pay of honorarium for the period she was unlawfully out of service
- Whether the Court should directly award the honorarium or direct a representation procedure
Subjects
- retrenchment
- honorarium
- writ petition
- Panchayati Raj
- reinstatement
- salary
- administrative order
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1649 of 2022
======================================================
Reema Kumari wife of Rakesh Kumar Ray resident of Village and Post
Office- Bakhra, P.S.- Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The Principal Secretary, Panchayati Raj Department Government of Bihar,
Patna.
2. The District Magistrate, Muzaffarpur.
3. The District Panchayati Raj Officer, Muzaffarpur.
4. The Block Development Officer, Saraiya, Muzaffarpur.
5. The Block Panchayati Raj Officer, Saraiya, Muzaffarpur.
6. The Sarpanch of Gram Panchayat Raj Bakhra, Saraiya, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate
For the Respondent/s : Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 09-04-2026 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) For direction or directions to the
authorities/ Respondents concern to comply the
order dated 03.09.2021, passed in Memo No.:-
2116/ Panchayat/ dated 03.09.2021, passed by
the learned District Programme Officer,
Muzaffarpur, whereby the Learned Officer set-
aside the order dated 01.03.2021, passed by the
Sarpanch of Gram Panchyat Raj Bakhra,
whereby the Sarpanch passed the order of
retrenchment of the petitioner who was posted on
Patna High Court CWJC No.1649 of 2022(7) dt.09-04-2026
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the post of Gram Kachahari Secretary, at Gram
Panchyat Raj Bhakhra, following the sub
sections (1) and (2) of Section 14 rules of
(niyojan, sewa sart awam kartabya) Niyamawali
2014. (ii). For direction to the authorities
concern to count her duty continuous pursuant
to the order dated 03.09.2021 and make payment
of salary to the petitioner from February 2018 to
till the date of her reinstatement on the aforesaid
post. (iii) For any other relief or reliefs to which
the petitioner may be found entitled in the facts
and circumstances of the case.”
3. It is submitted by learned counsel for the petitioner
that inspite of the order contained in memo no. 2116 dated
3.9.2021 of the District Panchayati Raj Officer, Muzaffarpur
setting aside the order of retrenchment of the petitioner, the
petitioner was not being permitted to join. As per instructions
received, the petitioner has finally been made to join on
6.4.2026.
4. Learned counsel for the petitioner further submits
that though the petitioner has been made to join, however, the
respondents have still not paid the honorarium for the period
from February, 2018 to 6.4.2026, ie the period that the petitioner
was prevented from working as a result of the illegal order of
retrenchment which was finally set aside by the order dated
Patna High Court CWJC No.1649 of 2022(7) dt.09-04-2026
3/3
3.1.2021 (Annexure-3) of the District Panchayati Raj Officer,
Muzaffarpur.
5. In view of the facts and circumstances of the case,
the petitioner is directed to file a representation before the
District Panchayati Raj Officer, Muzaffarpur (respondent no. 3)
and the Block Panchayati Raj Officer, Saraiya, Muzaffarpur
(respondent no. 5) for her remaining grievances with respect to
the amount of honorarium which the petitioner has been denied
for the period that she was kept out of work as a result of
retrenchment.
6. In case the representation is filed within a period of
four weeks, the same shall be decided by the respondent
concerned within a period of two months from the date of its
filing and the amount found payable shall be paid within a
period of four weeks from the date of passing of the order.
7. In case the representation of the petitioner does not
find favour with the respondent concerned, a reasoned order for
the same shall be communicated to the petitioner within the
aforesaid period.
8. The writ application stands disposed of.
Bibhash (Partha Sarthy, J)
U
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