Dezy Kumari vs The State Of Bihar
2025 Latest Caselaw 4240 Patna

Patna High Court

Dezy Kumari vs The State Of Bihar on 30 October, 2025

Author: Harish Kumar

Bench: Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8536 of 2025
     ======================================================
     Dezy Kumari Wife of Padam Kumar Sharma, Residence of Mohalla-
     Hanuman Nagar, Narayanpur, Post and Police Station- Barbigha, District-
     Sheikhpura, Pin- 811101, State- Bihar.

                                                                 ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Chief Secretary Bihar, Patna.
2.   The Accountant General, Bihar, Patna.
3.   The Additional Chief Secretary, Education Department Secretariat, Patna.
4.   The Principal Secretary Finance Department, Government of Bihar, Patna.
5.   The Director Primary Education Department Bihar, New Secretariat at
     Patna.
6.   The Joint Secretary Education Department, Bihar, Patna.
7.   The District Magistrate, Sheikhpura.
8.   The District Education Officer, Sheikhpura.
9.   The District Programme Officer (Establishment), Sheikhpura.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Abhay Kumar, Adv.
     For the Respondent/s   :       Mr. K. N. Jha, AC to GP 11
     For the AG             :       Mr. Bindhyachal Rai, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT

Date : 30-10-2025 Heard the parties.

2. Invoking the prerogative writ jurisdiction of this

Court, the petitioner seeks a direction commanding upon the

respondents to ensure payment of arrears of difference of salary

to the tune of Rs.8,78,358/- for which the petitioner is found

entitled in terms with the order of this Court in CWJC No.

15610 of 2018 passed on 12.09.202.

3. Learned Advocate for the petitioner submitted that Patna High Court CWJC No.8536 of 2025 dt.30-10-2025

despite the fact the petitioner has been found entitled for

payment of arrears of difference of salary and the calculation

having also been made, till date she has not been paid the

aforesaid amount, compelling her to approach this Court.

4. Learned Advocate for the State seeks permission to

file a counter affidavit on behalf of respondent no. 9, the copy of

which is already served upon the learned Advocate for the

petitioner.

5. Permission is accorded. Let the copy of the counter

affidavit be taken on record.

6. It is informed that on receipt of the copy of the writ

petition, the petitioner has been communicated vide letter No.

953 dated 20.05.2025 that necessary proposals for allotment of

funds have already been sent to the Competent Authority vide

various letters and as soon as the required fund is received from

the Competent Authority, the admissible amount of arrears shall

be paid to the petitioner without further delay.

7. Having considered the grievance of the petitioner

and the contention advanced by the learned Advocate for the

respondent State authorities, this Court directs the respondent

Nos. 5, 8 and 9 to look into the matter and ensure payment of

arrears of difference amount, preferably within a period of 10 Patna High Court CWJC No.8536 of 2025 dt.30-10-2025

weeks from the date of receipt/production of a copy of this

order.

8. It is made clear that in case of delay, the petitioner

shall be entitled to interest at the rate of 6% over the calculated

amount which shall be recovered from the erring officials.

9. The writ petition stands disposed of.

(Harish Kumar, J) Anjani/-

AFR/NAFR
CAV DATE
Uploading Date           03.11.2025
Transmission Date