Patna High Court
Ram Narayan Singh @ R.N. SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is disposed, granting the petitioner liberty to file a fresh representation and directing the respondent to decide the claim within a stipulated period.
Summary
Ram Narayan Singh, a retired Gram Panchayat Supervisor, filed a writ petition seeking sanction of medical/commuted/half‑pay leave and payment of salary for the period 1 March 2020 to 6 September 2020. He claimed that he had made several representations to the Principal Secretary, Department of Panchayati Raj, Bihar, but his claim remained pending. The petition was referred to the Deputy Secretary for sanction of leave. The Court noted that no counter‑affidavit had been filed and that keeping the petition pending would impede justice. Consequently, the Court disposed of the writ petition, directing the petitioner to file a fresh representation within 30 days and directing the respondent to decide the claim within 90 days of receipt.
Issues considered
- What relief, if any, can be granted by the High Court when an administrative authority is already processing the petitioner's claim?
- Whether the writ petition should be stayed pending filing of a counter‑affidavit despite the administrative referral.
Subjects
- medical leave
- salary claim
- writ petition
- administrative law
- procedural disposal
- Panchayati Raj
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7408 of 2025
======================================================
Ram Narayan Singh @ R.N. Singh S/o Late Yogendra Prasad Singh, Resident
of Village- Tiswara (Harilochanpur), P.S.- Sarairanjan, Distt.- Samastipur,
presently retired from the post of Gram Panchayat Supervisor Hanuman
Nagar, Block, Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar Patna.
2. The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar,
Patna.
3. The District Magistrate, Darbhanga.
4. The District Panchayati Raj Officer, Darbhanga.
5. The Block Development Officer, Hanuman Nagar, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shree Ganesh, Advocate
For the State : Mrs. Puspanjali Sharma, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 31-03-2026 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 a direction to the
respondents for sanction of medical leave
and any other leave like commuted
leave/Half pay leave as provided in the law
for the 06 period 01.03.2020 to 06.09.2020
to the petitioner.
(II) For a direction to the
respondents for payment of salary for the
above period i.e. 01.03.2020 to 06.09.2020
Patna High Court CWJC No.7408 of 2025(2) dt.31-03-2026
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to the petitioner as such period has been
sanctioned as medical leave/commuted
leave/half pay leave.
(III) For any other appropriate
relief or reliefs to which the petitioner may
be deemed entitled.”
3. Learned counsel for the petitioner submits that, at
the time of filing the writ petition, the petitioner had filed
several representations before the Principal Secretary,
Department of Panchayati Raj, Government of Bihar, Patna.
Counsel further submits that yesterday he came in contact with
his client, who intimated him that his matter has been referred
by the District Panchayati Raj Officer, Darbhanga (respondent
No. 4), to the Deputy Secretary, Panchayati Raj Department,
Bihar, Patna. Counsel has produced a letter before this Court,
which is dated 24.02.2026.
4. Learned counsel for the State submits that counter
affidavit has not been filed till date.
5. It appears to this Court that the matter has been
referred to the Deputy Secretary, Panchayati Raj Department,
Bihar, Patna for sanction of leave to the petitioner.
6. As such, this Court is of the view that keeping the
present writ petition pending for filing a counter-affidavit shall
Patna High Court CWJC No.7408 of 2025(2) dt.31-03-2026
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create a barrier in the flow of justice. For this reason, the present
writ petition stands disposed of, granting liberty to the petitioner
to file a fresh representation along with a copy of this order
within 30 days from today before the Principal Secretary,
Department of Panchayati Raj, Government of Bihar, Patna
(respondent No. 2). Upon receipt of the same, respondent No. 2
shall decide the claim of the petitioner within 90 days thereafter.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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