Patna High Court
Sudha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court held that the writ petition must be disposed by directing the petitioner to file a fresh representation and the respondent to decide it within the stipulated time.
Summary
The petitioner, Sudha Kumari, a nurse (ANM), filed a writ petition seeking mandamus directing the State of Bihar and its health officials to pay her incentive amount for FY 2020-21 under a circular dated 22.06.2021 and dearness allowance for FY 2021-22. She claimed that her representation regarding the incentive for the year 2022 remained pending. The State argued that no decision had been taken on the representation and suggested the petition be disposed by directing the Civil Surgeon to decide the pending representation. The Court observed that the representation pertained to 2022 and therefore could not be adjudicated without a fresh application. Consequently, the Court ordered the petitioner to file a fresh representation within 30 days and directed the Civil Surgeon to dispose of it within 60 days, effectively disposing of the writ petition.
Issues considered
- Whether the petitioner is entitled to the incentive amount for FY 2020-21 under the health department circular.
- Whether the petitioner is entitled to dearness allowance for FY 2021-22.
- Whether the Court can issue a mandamus directing payment when the petitioner’s representation is pending.
Subjects
- writ petition
- mandamus
- incentive payment
- dearness allowance
- health department
- COVID-19
- representation
- civil service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4368 of 2026
======================================================
Sudha Kumari Wife of Rajkishore Singh, Resident of Village-Chakamahila,
Ward No.-1, P.S.-Sitamarhi, District-Sitamarhi (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Health Department,
Govt. of Bihar, Patna.
2. The District Magistrate, Sitamarhi.
3. The Civil Surgeon cum Chief Medical Officer, District-Sitamarhi.
4. The In-Charge, Primary Health Center, Riga, Sitamarhi.
5. The In-charge, Primary Health Center, Bathnaha, Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhusudan Rai, Advocate
For the Respondent/s : Mr. Standing Counsel (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 26-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
i. For issuance of an appropriate
writ in the nature of mandamus for directing
and commanding the respondents to make
payment of incentive amount for the period
of financial year 2020-2021 as the petitioner
has worked as a nurse ANM and she is
legally entitled for payment in the light of
the circular dated 22.06.2021 issued vide
Memo No.- 496(12) under the signature of
Patna High Court CWJC No.4368 of 2026(2) dt.26-03-2026
2/3
the Additional Chief Secretary, Health
Department, Govt. of Bihar in which it was
decided that appreciation amount i.e. equal
to one month salary to the employee of the
Health Department are entitled for payment
who have worked during period Novel,
Corona Virus (COVID-19).
ii. For issuance of a writ in the
nature of mandamus for directing and
commanding the respondent authority to pay
the dearness allowance to the petitioner for
financial year 2021-2022.
iii. For any other relief/ reliefs for
which the petitioner may be found entitled in
the facts and circumstances of the case.
3. Learned counsel for the petitioner submits that the
representation, which is annexed as Annexure-P/3, is still
pending.
4. Learned counsel for the State submits that no
decision has been taken on the petitioner’s representation. As
such, the present writ petition may be disposed of by directing
the Civil Surgeon cum Chief Medical Officer, District-Sitamarhi
(respondent No. 3) to dispose of the petitioner’s representation.
5. It transpires to this Court that the petitioner’s
representation pertains to the year 2022.
Patna High Court CWJC No.4368 of 2026(2) dt.26-03-2026
3/3
6. In view of the above, the petitioner is directed to
file a fresh representation within 30 days along with a copy of
this order before Civil Surgeon cum Chief Medical Officer,
District-Sitamarhi (respondent No. 3), and respondent No. 3,
upon receipt of the same, shall pass an order on the petitioner’s
representation within 60 days thereafter in accordance with law.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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