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Patna High Court

Ram Narayan Singh @ R.N. SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                                  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
                                                     3/3




                   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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