Patna High Court

Nutan DasversusThe State of Bihar

Decided: 24 March 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The writ petition is disposed, with the petitioner directed to file a representation and the respondent ordered to provide the calculation details of the benefits.

Summary

Nutan Das, the widow of the late Shiv Kumar who retired as an Assistant in the Animal Husbandry Department on 31-03-2019, filed a writ petition seeking the grant of ACP/MACP and direction for payment of salary arrears. The State filed a counter‑affidavit indicating that the relief may have been fulfilled but no calculation chart was provided, leaving the petitioner unable to verify payment. The court noted the lack of a calculation sheet and the petitioner’s inability to ascertain the amount due. It directed the petitioner to file a representation before the Sub‑Divisional Animal Husbandry Officer within 30 days, and ordered that officer to furnish the calculation details within 90 days. Accordingly, the writ petition was disposed without granting the relief directly.

Issues considered

What entitlement, if any, does the petitioner have to ACP/MACP and arrears of salary following her husband's superannuation?
Whether the court can direct the administrative authority to provide a calculation chart and consider a representation before deciding on the relief.

Subjects

Writ petition
ACP
MACP
Arrears of salary
Superannuation
Animal Husbandry Department
Widow's rights
Administrative direction
Calculation chart

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7281 of 2025
                 ======================================================
                 Nutan Das Wife of Late Shiv Kumar, resident of Kayasth Tola, Village and
                 Post-Rampur, Via-Sarisav Pahi, PS-Pandaul, District-Madhubani, presently
                 residing at Tola-Katahi, Near Hanuman Mandir, PO-Bhauara, District-
                 Madhubani.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Animal Husbandry, Govt. of Bihar,
                 Patna.
           3.    The Director, Department of Animal Husbandry, Govt. of Bihar, Patna.
           4.    The Regional Director, Darbhanga Region, Animal Husbandry, Darbhanga.
           5.    The District Animal Husbandry Officer, Darbhanga, District-Darbhanga.
           6.    The Sub Divisional Animal Husbandry Officer, Sadar, Darbhanga.
           7.    The Accountant General of Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Arvnendra Kumar Thakur, Adv.
                 For the Respondent/s   :     Mr. Sunil Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   24-03-2026                     Heard Learned Counsel for the petitioner and

                   Learned Counsel for the State.

                               2. The present writ petition has been filed with the

                   following reliefs:-

                                            (i) For grant of ACP / MACP to the
                                  deceased husband of the petitioner for the service
                                  rendered by him who was working at the post of
                                  Assistant, Animal Husbandry and superannuated
                                  on 31.03.2019 and Direction to the concerned
                                  respondent for payment of arrears of salary which
                                  accrued upon grant of such ACP/MACP.
          Patna High Court CWJC No.7281 of 2025(2) dt.24-03-2026
                                                      2/2




                                3. Learned counsel for the petitioner submits that the

                    counter-affidavit has been filed and by virtue of Annexure-R/4

                    of the writ petition, it prima facie transpires that the relief

                    demanded by the petitioner has been fulfilled, but there is no

                    calculation chart available due to which she being a widow, is

                    not in a position to ascertain that whether the actual payment

                    has been made or not?

                                4. In this background, the present writ petition is

                    hereby disposed of directing the petitioner to file a

                    representation raising her grievances before the Sub-Divisional

                    Animal Husbandry Officer, Sadar, Darbhanga (respondent No.6)

                    within 30 days along with this order and the respondent No.6

                    shall provide the available chart and details of calculation with

                    regard to payment of the benefits to the petitioner within 90

                    days after receiving the same.

                                5. With the aforesaid directions and observations, the

                    present writ application stands disposed of.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U

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