Patna High Court
Nirmla kumariversusThe State of Bihar through the Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The contempt application is disposed, and the petitioner is directed to approach the appropriate authority for release of her salary arrears.
Summary
Nirmla Kumari filed a petition seeking enforcement of a prior High Court order that reinstated her to her post and directed payment of her salary arrears. The State of Bihar submitted a supplementary show‑cause stating that the reinstatement had been effected but the arrears remained unpaid. The Court examined whether the contempt application filed by the petitioner should stand. It held that the petitioner may approach the concerned authority to obtain the pending arrears. Consequently, the contempt application was disposed, granting the petitioner liberty to seek release of her salary arrears.
Issues considered
- What is the appropriate disposition of the contempt application filed by the petitioner?
- Whether the petitioner is entitled to direct enforcement of the order for payment of salary arrears.
Subjects
- contempt
- reinstatement
- salary arrears
- service law
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.95 of 2025
In
Civil Writ Jurisdiction Case No.9899 of 2016
======================================================
Nirmla Kumari wife of Shrilal Mandal, resident of village- Kariho, P.S. +
District- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna,
namely, Shri Amrit Lal Meena.
2. The Principal Secretary, Social Welfare Department, Government of Bihar,
Patna, namely, Sri Vijay Kumar Verma
3. The Secretary, Integrated Child Development Schemes, Government of
Bihar, Patna, namely, Sri Vijay Kumar Verma
4. The Commissioner, Koshi Division, Saharsa, namely, Shri Dinesh Kumar.
5. The District Magistrate, Supaul, namely, Shri Kaushal Kumar.
6. The Collector, Supaul, namely, Shri Kaushal Kumar.
7. The District Programme Officer, ICDS, Supaul, namely, Smt. Shobha Sinha,
District- supaul
8. Asha Devi wife of Shri Girish Kumar Paswan resident of village- Kariho,
Ward No.6, P.S. and District- Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Opposite Party/s : Mr.Government Advocate 7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 07-05-2026 Heard learned counsel for the petitioner, learned
counsel for opposite party No.8 and learned counsel for the
State.
2. Learned counsel for the State has filed a
supplementary show cause stating therein that the order of this
Court has already been complied with and the order, which was
passed contrary to the order of this Court, has been recalled by
Patna High Court MJC No.95 of 2025(6) dt.07-05-2026
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the Divisional Commissioner by order dated 10.04.2026 and the
petitioner has been reinstated on the post in question and he has
also directed to pay the arrears of salary to the petitioner but the
arrears of salary of the petitioner has not been paid to her.
3. Petitioner shall be at liberty to approach the
authority concerned for release of her arrears of salary.
4. In view of the aforesaid, this contempt application
stands disposed of with the aforesaid liberty.
(Rajesh Kumar Verma, J)
Nitesh/-
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