Patna High Court
Kalawati Singh @ Kalawati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJ KUMAR
Holding
The court held that the appropriate remedy is to allow the petitioner to file a representation before the authority, which must decide the matter in light of the earlier judgment and the pending applications, rather than ordering immediate payment.
Summary
The petitioner, widow of a deceased BIADA employee, filed a writ seeking payment of salary arrears for the period February 2008 to June 2009, alleging that her husband’s termination was illegal and that despite his reinstatement the dues remained unpaid. She relied on the Patna High Court’s earlier judgment in C.W.J.C. No.10080 of 2011 which had granted similar relief to other BIADA employees. The court noted that two pending writ petitions (L.P.A. Nos. 594 and 631 of 2023) challenge the 2011 order and are awaiting final adjudication. Instead of directing immediate payment, the court permitted the petitioner to file a representation before the concerned authority (BIADA Managing Director) within four weeks. The authority was instructed to consider the representation, the 2011 judgment, and the pending LPAs, and to issue a reasoned order within a reasonable time. The application was thereafter disposed with these observations.
Issues considered
- Whether the authority is obliged to pay the salary arrears to the petitioner’s legal heir.
- Whether the petitioner must first make a representation before the authority before any payment direction.
- How the pending writ petitions (L.P.A. Nos. 594/2023 and 631/2023) affect the authority’s decision.
- The binding effect of the earlier judgment in C.W.J.C. No.10080 of 2011 on the present application.
Subjects
- salary arrears
- illegal termination
- representation
- writ jurisdiction
- pending applications
- BIADA
- reinstatement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8762 of 2026
======================================================
Kalawati Singh @ Kalawati Devi Wife of Late Birendra Pratap Singh,
Resident of Mohalla- Neempokhar, Kadirabad Ward No. 4, Darbhanga, Police
Station- Lalbagh in the district of Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Industry, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Industry, Government of
Bihar, Patna.
3. The Bihar Industrial Area Development Authority, Udyog Bhawan, East
Gandhi Maidan, Patna through its Managing Director.
4. The Managing Director, Bihar Industrial Area Development Authority,
Udyog Bhawan, East Gandhi Maidan, Patna.
5. The Secretary, Bihar Industrial Area Development Auithority, Udyog
Bhawan, East Gandhi Maidan, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Adv.
For the Respondent/s : Mr. Arun Kumar Prasad Ac to SC (5)
For the BIADA : Mr. Lalit Kishore, Sr. Adv.
Mr. Kanishka Shankar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
2 23-06-2026 1. Heard learned counsel for the petitioner and
learned counsel appearing on behalf of the respondents.
2. The present writ application has been filed by the
petitioner seeking a direction upon the respondents to make
payment of the arrears of salary due for the period from
13.02.2008 to 12.06.2009, on the ground that during the said
period the petitioner’s husband, who was posted in BIADA, was
terminated from service in an illegal and arbitrary manner.
Patna High Court CWJC No.8762 of 2026(2) dt.23-06-2026
2/3
3. Learned counsel for the petitioner has submitted
that the order of termination of the deceased employee was set
aside and, thereafter, he was reinstated in service, however, the
payment due to him has still not been made. It has further been
submitted that reliance is placed upon Annexure-14, being the
order passed by this Court in C.W.J.C. No. 10080 of 2011,
whereby the employees of BIADA who had approached this
Court were granted and extended the relief now sought by the
petitioner. It is further submitted on behalf of the petitioner that
an L.P.A. No. 594 of 2023/LPA No. 631 of 2023 was filed only
after the entire payment had been made by the concerned
authorities to the petitioners in C.W.J.C. No. 10080 of 2011.
4. Hence, learned counsel for the petitioner has
submitted that the petitioner shall file a representation before the
concerned authority, namely respondent no. 4 and the said
authority may be directed to consider and decide the
representation in the light of the orders passed by this Court.
5. Permission is accorded.
6. Let the representation be filed before the concerned
authority within a period of four weeks from today. Upon
receipt of the representation, the concerned authority shall
consider and dispose of the same by passing a reasoned and
Patna High Court CWJC No.8762 of 2026(2) dt.23-06-2026
3/3
speaking order within a reasonable period in accordance with
law.
7. At this juncture, learned counsel appearing on
behalf of the respondents, have stated that L.P.A. No. 594 of
2023 along with L.P.A. No. 631 of 2023 have been preferred
against the order passed in C.W.J.C. No. 10080 of 2011 and are
pending final adjudication before this Court. In my opinion,
while taking a decision and passing a speaking order, the
authorities shall also take into account the orders passed by this
Court as well as the aforesaid L.P.As. pending consideration
before this Court.
8. The application stand disposed of with the above
said observations.
(Raj Kumar, J)
ashutosh/Nirmal
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