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Patna High Court

Most Ram Rati DeviversusThe state of Bihar

Decided
Disposal
DISPOSED

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
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                                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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