Patna High Court
Most Ram Rati DeviversusThe state of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not decide the merits but ordered the District Collector‑cum‑District Magistrate to pass a reasoned order within 90 days and disposed the writ petition.
Summary
Ram Rati Devi, widow of a deceased police officer, filed a writ petition seeking a mandamus directing the State of Bihar to pay differential salary arrears and interest arising from her husband's promotion to 2nd ACP/3rd MACP, as per Memo No. 08 dated 03‑02‑2021, and to provide the calculation sheet. She also submitted a representation to the District Magistrate, Gaya, which remained pending. The State contended that the promotion benefits had already been granted. The High Court observed that the representation was still pending before the District Magistrate and, without expressing any view on the legal merits, directed the District Collector‑cum‑District Magistrate to pass a reasoned order within 90 days, considering the applicable law. Consequently, the writ petition was disposed of without a substantive ruling on the mandamus claim.
Issues considered
- Whether a writ of mandamus can be issued directing payment of differential salary arrears and interest for promotion benefits of a deceased employee.
- Whether the court should direct the respondent authority to pass a reasoned order on the pending representation.
- Whether interest at 18% is applicable to the delayed payment.
Subjects
- mandamus
- differential salary arrears
- promotion benefits
- service death
- writ petition
- reasoned order
- interest
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6621 of 2026
======================================================
Most Ram Rati Devi w/o late Lal Bihari Ram, Resident of village and Post
office Belaundi, police station - mohania, District kaimur(Bhabhua).
... ... Petitioner/s
Versus
1. The state of Bihar through the secretary department of land and revenue
government of Bihar patna.
2. The divisional commissioner Magadh division Gaya Ji.
3. The District collector cum the district magistrate Gaya Ji.
4. The Sub divisional officer Sadar Gaya Ji, District- Gaya Ji.
5. The circle officer manpur, district Gaya ji.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Prasad, Advocate
For the State : Mr. Pankaj Kumar, (SC-12)
Mr. Pramod Kr. Yadav (AC to SC-12)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for the following relief/s:-
“I. For that the petitioner filed a writ in the
Nature of mandamus directing/commanding
the respondents authority to pay the
differential amount of arrears of salary on
account of granted promotion i.e. 2nd ACP/ 3rd
MACP of the petitioner’s husband vide Memo
no.08/ dt 03.02.2021. w.e.f 31.05.2008 and
31.05.2014. i.e. annexure p/1 with panel
interest @18% from delayed payment in the
Patna High Court CWJC No.6621 of 2026(2) dt.30-04-2026
2/3
light of law laid down by this Hon'ble court in
case of Lilawati Mishra vs the state of Bihar
and others reported in PLJR 2022(2) Page
671 the husband of the petitioner died in
service on 29.11.2021.
II. For directing the respondent authorities to
provide the details of the calculation chart on
account of promotion i.e. 2nd and 3rd
ACP/MACP w.e.f 31.05.2008 and 31.05.2014
vide memo no 08 dt 03.02.2021.
III. For that any other relief or reliefs for
which the petitioner is entitled may be granted
by this Court.”
3. Learned counsel for the petitioner further submits
that the petitioner has filed a representation vide Annexure-P/4,
but no decision has been taken by the authorities concerned
(The District Magistrate, Gaya) as yet.
4. Learned counsel for the State submits that the
benefit of ACP and MACP has been granted to the petitioner’s
husband.
5. It transpires to this Court that the petitioner’s
representation (Annexure-P/4) is pending before the District
Magistrate, Gaya (Respondent no.3). As such, the District
Collector-cum-District Magistrate, Gaya Ji (Respondent no.3) is
hereby directed to pass a reasoned and speaking order with
Patna High Court CWJC No.6621 of 2026(2) dt.30-04-2026
3/3
regard to the claim of the petitioner made in her representation
vide Annexure-P/4.
6. It is made clear that this Court has not expressed
any view on law, therefore, the District Collector-cum-District
Magistrate, Gaya Ji (Respondent no.3) shall at the time of
passing the order, carefully consider the applicability of the law
to the petitioner and shall pass a reasoned and speaking order in
accordance with law within 90 days from the date of receipt of a
copy of this order.
7. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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