Patna High Court
Sona KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the District Magistrate to pass a fresh, reasoned order after examining the original service book and the petitioner’s representations, and disposed of the writ petition.
Summary
The petitioner, Sona Kumari, filed a writ petition seeking payment of her late husband’s pending salaries, increments and benefits for three distinct periods during his service as Panchayat Secretary in various blocks of Patna district. She alleged that despite continuous service for 24 years, her husband’s salary was withheld during suspension and later due to non‑availability of his service book and L.P.C., and that after his death no action was taken on her representations. The State contended that there was a break in service, attaching a photocopied service book as evidence. The Court found the photocopy unreadable and noted that the alleged break was only raised post‑mortem without prior notice to the petitioner. Consequently, the Court directed the District Magistrate to examine the original service book, consider the petitioner’s representations, and pass a fresh, reasoned order within 90 days, after which the writ petition was disposed.
Issues considered
- Whether the petitioner is entitled to the due salary, increments and benefits claimed for the periods of her husband’s service despite the State’s claim of a break in service.
- Whether the alleged break in service, not communicated during the employee’s lifetime, affects the liability to pay the pending dues.
- Whether the District Magistrate should pass a fresh, reasoned order based on the original service book and representations filed by the petitioner.
Subjects
- due salary
- government servant
- service book
- departmental suspension
- writ petition
- district magistrate
- representation
- salary arrears
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.32 of 2025
======================================================
Sona Kumari W/o Late Vidya Bhushan Singh Resident of Village-Sarthua
P.O.-Tope, Police Station-Sahjanpur, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj
Department, Government of Bihar, Patna.
2. The District Magistrate, Patna.
3. The District Panchayati Rajya Officer, Patna.
4. The Block Development Officer, Bakhtiyarpur, Patna.
5. The Block Development Officer, Fathua, Patna.
6. The Block Development Officer, Maner, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
Mr. Sanjeeb Kr. Sanju, Adv.
Mr. Bhaskar Sandilya, Adv.
Mr. Ravi Kumar, Adv.
For the Respondent/s : Mr. Standing Counsel (9)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
9 10-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief:-
(i) For issuance of proper
writ/writs, direction/directions, order/orders
for payment of due salary for the period
24.01.2006 to 27.01.2009 while the husband
of the petitioner was posted as Panchayat
Secretary at Bakhtiyarpur Block; for
payment of due salary from 28.02.2009 to
26.12.2012 while the husband of petitioner
was posted as Panchayat Secretary Block
Fathua, Patna and also for payment of due
salary from 15.07.2014 to 18.12.2019 while
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the husband of petitioner was posted as
Panchayat Secretary, Block- Bakhtiyarpur,
Patna with granting annual increment and
benefits of First and Second Assured Career
Progression Scheme with statutory and
penal interest.
3. Learned counsel for the petitioner submits that the
petitioner’s husband was posted as Panchayat Secretary, Block
Fathua, District-Patna. Counsel further submits that during his
service, the petitioner’s husband was put under suspension and
subsequently the departmental proceeding was dropped after
revoking the suspension and granting censure as punishment,
save and except this, no other departmental proceeding was ever
initiated against the husband of the petitioner. Counsel further
submits that the petitioner’s husband continuously served for 24
years within Patna district, but he was not paid his salary with
effect from 28.02.2009 to 26.12.2012, when he was put under
suspension, and he was paid only subsistence allowance till the
date 17.12.2012. Counsel further submits that a departmental
proceeding was brought against the petitioner’s husband and he
was transferred from Pali Block to Bakhtiyarpur Block, where
he worked as Panchayat Secretary till 18.12.2019, and due to
non-availability of L.P.C., the salary of the petitioner’s husband
was not paid. Counsel further submits that the Office of the
Patna High Court CWJC No.32 of 2025(9) dt.10-03-2026
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Block Development Officer, Bakhtiyarpur, vide Memo No. 517
dated 06.05.2015, asked the petitioner’s husband to submit the
Service Book and L.P.C. from the previous place of posting.
4. It has been further submitted that the petitioner’s
husband was further transferred from Bakhtiyarpur Block to
Maner Block, where he joined on 19.12.2019, however, he
unfortunately died in harness on 13.05.2022. Counsel further
submits that after the death of the petitioner’s husband, she filed
a representation before the B.D.O., Maner, Patna for making
payment of his due salary, but no action took place. Counsel
further submits that she further filed a representation on
22.11.2022, but nothing happened. Counsel further submits that
the petitioner filed a complaint under the Bihar Government
Servant Grievance Redressal System, but till date the payment
has not been made.
5. Learned counsel for the State, on the other hand,
submits that from the counter-affidavit it has been intimated that
there is a break in the service. Counsel further submits that a
copy of the service book is attached to the counter-affidavit.
6. In response thereto, counsel for the petitioner
submits that with regard to the said alleged break, at no stage
was any notice or information communicated to the petitioner’s
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husband, it was only after his death, when the petitioner filed a
representation and thereafter in the counter-affidavit, the said
break was mentioned.
7. It transpires to this Court that the copy of the
service book, which is in the form of a photocopy, is not
readable. As such, this Court hereby directs the District
Magistrate, Patna (respondent No.2) to pass a fresh reasoned
order, considering the original service book, within 90 days
from the date of production of this order, along with a copy of
the representation filed by the petitioner.
8. It is made clear that the other relevant records are
also within the territorial jurisdiction of the District Magistrate,
Patna. Since the petitioner’s husband retired from the territorial
jurisdiction of the District Magistrate, Patna, the order shall be
passed with reasons, without any delay.
9. Accordingly, in view of the above directions and
observations, the present writ petition stands disposed of.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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