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Patna High Court

Savitri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court declined to entertain the merits and ordered the petitioner to file a fresh representation, directing the respondent to decide it within the prescribed time.

Summary

Savitri Devi, widow of the late Mandhata Prasad Singh who served as a Panchayat Sewak trainee from April to July 1999, alleged that she was never paid the salary due for the training period and subsequent posting, despite representations filed in 2018. She sought a writ of mandamus directing the State of Bihar to regularise her husband’s service, pay the arrears, and consider the pending representations. The Court examined the petition but refrained from adjudicating the substantive claim. Instead, it directed the petitioner to file a fresh representation before the Additional Chief Secretary, Panchayat Raj Department within four weeks, and ordered that the respondent decide the matter within two months, pay any due amount within one month, and provide a reasoned order if the claim is rejected. The Court emphasized that it was not passing on the merits, merely ensuring procedural compliance.

Issues considered

  • Whether a writ of mandamus can be issued to compel the State to decide pending representations and pay salary arrears of a Panchayat Sewak.
  • Whether the petitioner is entitled to salary for the training period of her deceased husband.
  • Whether the Court should entertain the merits of the service regularisation claim or limit its intervention to procedural directions.

Subjects

  • mandamus
  • service regularisation
  • salary arrears
  • Panchayat Sewak
  • administrative law
  • writ jurisdiction
  • representation

Judgment

                     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 Village-
                 Barhonia, 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

2   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
Patna High Court CWJC No.19856 of 2025(2) dt.07-01-2026
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                                  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
Patna High Court CWJC No.19856 of 2025(2) dt.07-01-2026
                                           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
           Patna High Court CWJC No.19856 of 2025(2) dt.07-01-2026
                                                      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


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