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Patna High Court

Kalawati Singh @ Kalawati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
U


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