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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed as the payment has been sanctioned and purportedly made.

Summary

The petitioner filed a writ petition seeking payment of a salary of Rs.1,46,215 that she alleged had not been credited to her account. The State contended that the amount had already been sanctioned and paid, as evidenced by its counter‑affidavit and annexures. The court examined the representations and the documents submitted by both parties. Finding that the State had shown that the payment was sanctioned, the court disposed of the petition. However, the court granted the petitioner liberty to approach the appropriate authorities if the actual credit to her account had not occurred.

Issues considered

  • Whether the petitioner is entitled to the payment of the salary amount claimed.
  • Whether the writ petition is maintainable for recovery of the salary.

Subjects

  • salary
  • writ petition
  • payment
  • public servant
  • administrative law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8789 of 2024
                 ======================================================
                 Sunita Devi Wife of Baidhyanath Mukhiya Resident of Village - Baheri, P.S.-
                 Baheri, District- Darbhanga.

                                                                            ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through Principal Secretary, Health Department,
                 Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
           2.    The Director-in-Chief, Health Services, Bihar, Patna.
           3.    Civil Surgeon/Chief Medical Officer, Darbhanga.
           4.    In-charge Medical Officer, Primary Health Centre, Kamtaul, Darbhanga.
           5.    In-charge, Medical Officer, Primary Health Centre, Jalley, Darbhanga.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Saurav Anand, Advocate
                 For the Respondent/s   :      Mr. Advocate General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   23-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                               2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for payment of his salary,

                   which has not been paid and for which a representation has been

                   made vide Annexure-P/4.

                               3. Learned counsel for the State submits that the

                   payment has already been made, as is evident from paragraph 8

                   of the counter-affidavit and Annexure-R-5/D series, by which he

                   submits that a direction for payment of Rs. 1,46,215/- has

                   already been sanctioned.
         Patna High Court CWJC No.8789 of 2024(2) dt.23-02-2026
                                                     2/2




                               4. In this background, the present writ petition stands

                   disposed off with liberty granted to the petitioner that, if the

                   actual payment has not been made to his account, he may take

                   appropriate steps in accordance with law.



                                                                  (Dr. Anshuman, J.)

Aman Kumar/-

U


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