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Patna High Court

Sudha KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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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