Patna High Court

Nainsi KumariversusThe State of Bihar through the Principal Secretary, Food and Consumer Protection Department,

Decided: 17 April 2026
Disposal: DISPOSED
Bench: RITESH KUMAR

Holding

The petition was disposed, with the Court directing the respondents to post the petitioner and consider her continuity of service and salary as per law.

Summary

The petitioner, Nainsi Kumari, a Block Supply Officer, filed a writ petition seeking quashing of an order that denied her transfer to a new post and demanding fresh orders to relieve her from her earlier posting. She also sought mandamus for declaration that the earlier relieving order was ineffective, for a fresh relieving order, for medical reimbursement of expenses incurred due to an accident in service, and for litigation costs. The State respondents accepted that her joining at the new post had been recorded on 16‑04‑2026 but that she had not yet been posted. The Court observed that, since her joining was accepted, the authorities are obliged to post her promptly and to consider her claim for continuity of service, salary, and other benefits in accordance with law. Consequently, the writ petition was disposed, directing the respondents to issue the necessary posting and to address her service continuity and salary matters.

Issues considered

Whether the order dated 16/3/2026 relieving the petitioner from her post should be quashed.
Whether a writ of mandamus should be issued declaring the 6/10/2025 relieving order ineffective.
Whether the authorities should be directed to issue a fresh relieving order to enable the petitioner’s transfer.
Whether the petitioner is entitled to medical reimbursement for expenses incurred due to an accident in service.
Whether the petitioner is entitled to litigation costs incurred due to the respondents’ alleged inaction.
Any further relief appropriate to the petitioner’s service continuity and benefits.

Subjects

service continuity
government employee
transfer order
writ of certiorari
writ of mandamus
medical reimbursement
salary arrears
public service law

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5375 of 2026
======================================================
Nainsi Kumari D/o Sheonarayan Singh Resident of Narsan, Post - Itwan,
Narsan, P.S. Haspura, District- Aurangabad, Bihar – 824120... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Food and Consumer
Protection Department, Government of Bihar, Patna.
2. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
3. The Special Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
4. The Joint Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
5. The District Magistrate, Rohtas, Sasaram.
6. The District Magistrate, Nalanda at Biharshariff.
7. The Additional Collector-cum-District Supply Officer, Rohtas, Sasaram.
8. The District Supply Officer, Rohtas, Sasaram.
9. The District Supply Officer, Nalanda.
10. The Sub-Divisional Officer, Bikramganj, Rohtas.
11. The Sub-Divisional Officer, Hilsa, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik Kumar Sinha, Advocate
For the Respondent/s : Mr. Government Pleader (03)
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 17-04-2026 Heard the parties.

2. The present writ petition has been filed for the

following reliefs:-

(i) Issuance of order/orders or writ/writs or
direction/directions, preferably a writ of
certiorari for quashing and setting aside
the office order dated 16/3/2026 of the
respondent no.10, Sub-Divisional Officer,
Bikramganj, Rohtas as contained in letter
no. 691 dt. 16/3/2026 (Annexure-P/22) by
which the request made by the petitioner
for reliving her from the post of Block
Supply Officer, Inspector in order to join
her the post of Block Supply Inspector,
Patna High Court CWJC No.5375 of 2026(2) dt.17-04-2026
2/5

Ekangarsarai, Nalanda has been turned
down on the ground that earlier she was
relieved by the respondent no. 7, Additional
Collector-cum-District Supply Officer,
Rohtas, Sasaram vide its officer order as
contained in letter no. 800/Aa.. dt.
6/10/2025 consequent upon transfer order
having been issued in respect to the
petitioner and others vide notification as
contained in letter no. 1291/Food, Patna
dt. 30/6/2025 by the respondent no. 4, Joint
Secretary, Food & Consumer Protection
Department, Govt. of Bihar, Patna;
(ii) For issuance of appropriate order/orders,
writ/writs direction/directions, preferably a
writ of a mandamus holding and declaring
the order dt. 6/10/2025 of the respondent
no. 7, Additional Collector-cum-District
Supply Officer, Rohtas, Sasaram issued
vide letter no. 800/Aa relieving the
petitioner from the post of Block Supply
Inspector, Nasriganj, thereby enabling her
to join at Ekengarsarai Block as Block
Supply Inspector is inconsequential and
redundant on the ground that the such
reliving order dt. 6/10/2025 was never ever
intimated to her and during the relevant
time she was on medical leave as she was
undergoing treatment in hospital at Delhi
in furtherance of accident that took place
in course of duty on 20/5/2025 while she
was returning from District Head Quarter,
Rohtas to Block Nasriganj.
Patna High Court CWJC No.5375 of 2026(2) dt.17-04-2026
3/5

(iii) Consequent upon issuance of aforesaid
declaration, appropriate order/orders,
writ/writs or direction/directions,
preferably a writ of a mandamus may be
issued commanding the respondents, in
particular to the respondent no. 7,
Additional Collector-cum-District Supply
Officer, Rohtas, Sasaram to issue order
afresh reliving the petitioner from the post
of Block Supply Inspector, Nasriganj.
Sasaram enabling her to join the post of
Block Supply Inspector at Block-
Ekangarsarai, District-Nalanda pursuant
to the order of transfer issued vide
notification as contained in letter no. 1291
dt. 30/6/2025 and further direction may be
issued to the competent authority to treat
her service in continuity for the period
between 21/5/2025 to till the date relieving
afresh updating the same it in the service
book and also grant increment, admissible
arrears of salary and other benefits in
accordance with law.
(iv) For issuance of appropriate order/orders,
writ/writs direction/directions, preferably a
writ of a mandamus directing the state
respondents to make medical
reimbursement of around Rs. 201000/- to
the petitioner as the said medical expenses
has been incurred by her in medical
treatment which arose due to accident in
course of her employment/official duty;
(v) For issuance of appropriate order/orders,
Patna High Court CWJC No.5375 of 2026(2) dt.17-04-2026
4/5

writ/writs direction/directions, preferably a
writ of a mandamus directing the state
respondents to pay suitable litigation cost
to the petitioner as due to their inaction,
harassing attitude and rather in order to
save their skin for their fault and default
committed by them, she is being
constrained to file the instant writ petition
which otherwise could not have been filed
if the authorities would have considered the
matter with seriousness;
(vi) For issuance of further order/orders or
writ/writs or direction/directions directing
the respondent authorities to grant her
further relief as the petitioner may be
entitled to in the attending fact and
circumstances of the case to see the ends of
Justice.
3. At the outset, the learned counsel for the petitioner

submits that the petitioner gave her joining before the Sub-

Divisional Officer, Hilsa, Nalanda on 16.04.2026, which was

accepted in the office of the Sub-Divisional Officer, Hilsa,

Nalnda. It is the contention of the learned counsel for the

petitioner that although joining has been accepted on

16.04.2026, but the petitioner has not been posted anywhere. He

further submits that continuity in service for the period, during

which the petitioner was absent, after informing the competent

authority, on account of her accident and for payment of salary
Patna High Court CWJC No.5375 of 2026(2) dt.17-04-2026
5/5

for the said period, she would be filing an appropriate

application before the Sub-Divisional Officer, Hilsa, Nalanda.

4. The learned counsel for the State-respondents have

also accepted the said position.

5. Having heard the learned counsel for the parties

and after going through the records, it appears that since the

joining of the petitioner has already been accepted by the

respondent-authorities, it is expected that she will be given

posting at the earliest and her grievance with regard to

continuity in service and payment of salary will be considered in

accordance with law, considering the fact that the petitioner met

with an accident and after duly informing the competent

authority, she proceeded for treatment. Vide Annexure-P/6 to the

writ petition i.e. Memo No. 472 dated 23.05.2025 issued under

the signature of the Sub-Divisional Officer, Bikramganj, Rohtas,

her charge was given to Block Supply Officer, Dinara till further

orders.

6. The writ petition is disposed of in the

aforementioned terms.

(Ritesh Kumar, J)

AjayMishra/-
U

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Pratik Kumar Sinha