Asha Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Asha Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on withdrawal with liberty to the petitioner to move before the appropriate forum under the Anganwari Sevika/Sahayika Margdarshika, 2018; respondent No.4 (District Programme Officer, Biharsharif, Nalanda) directed to decide the petitioner's representation based on evidence and after hearing both parties within 90 days of receipt/production of a copy of the order.

Issue for consideration

Whether the respondents can be directed to pay the petitioner all due salary from 2018 till date. +1 more

Court's answer

The writ petition is disposed of, the petitioner being permitted to withdraw it with liberty to move before the appropriate forum under the Anganwari Sevika/Sahayika Margdarshika, 2018.

Ratio / Principle

The petitioner is directed to file a representation before respondent No.4, the District Programme Officer, Biharsharif, Nalanda; upon receiving it with a copy of the order, respondent No.4 shall pass an order based on evidence and after hearing both parties, within 90 days from receipt/production of a copy of the order, if the right has accrued in the meantime.

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), by oral order dated 05-02-2026 in Civil Writ Jurisdiction Case No.1904 of 2026, disposed of a writ petition in which the petitioner sought a direction to the respondents to pay all due salary from 2018 till date and to dispose of her representation dated 15.10.2025. After argument, counsel for the petitioner sought permission to withdraw the petition, which was permitted with liberty to move before the appropriate forum under the Anganwari Sevika/Sahayika Margdarshika, 2018. The petitioner was directed to file a representation before respondent No.4, the District Programme Officer, Biharsharif, Nalanda, who, upon receiving it along with a copy of the order, was directed to pass an order based on evidence and after hearing both parties, within 90 days from receipt/production of a copy of the order, if the right had accrued in the meantime. No precedent was cited and no monetary amount for the salary claim was stated.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1904 of 2026

======================================================

Asha Kumari W/o Late Arbind Chaudhary, R/V Hansepur, Kanhaiyaganj, PO and PS Ekangarsarai, Distt Nalanda, Distt Nalanda.

... ... Petitioner/s

Versus

The State of Bihar through the Commissioner Patna Division, Patna. 2. The Commissioner, Patna Division, Patna.

The District Magistrate, Nalanda, Nalanda at Biharsharif. 4. The District Programme Officer, Biharsharif, Dist Nalanda.

The Child Development Programme Officer (C.D.P.O), Hilsa, Dist Nalanda.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate Mr. Sama Kumari, Advocate Mr. Dhananjay Kumar, Advocate Mr. Srishti Kumari, Advocate For the Respondent/s : Mr. M. Haque, Government Pleader (12) Mr. Pranoy Kumar, AC to G.P.-12 ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 05-02-2026 Heard Learned Counsel for the petitioner and learned

Counsel for the State.

Learned Counsel for the petitioner submits that the present writ petition has been filed for a direction to the respondents concerned to pay all the due salary from 2018 till date. Further prayer is to direct the respondent concerned to dispose of her representation dated 15.10.2025 forthwith.

After some argument, learned Counsel for the petitioner seeks permission to withdraw the present writ petition

Patna High Court CWJC No.1904 of 2026(2) dt.05-02-2026 2/2

with liberty to move before the appropriate forum under the Anganwari Sevika/Sahayika Margdarshika, 2018.

In that view of the matter, the petitioner is directed to file representation before respondent No.4, the District Programme Officer, Biharsharif, Nalanda, and respondent No.4, the District Programme Officer, Biharsharif, Nalanda, upon receiving the representation along with a copy of this order, shall pass order based on evidence and hearing both the parties, if in the meantime right accrue, within 90 days from the date of receipt/production of a copy of this order before him.

With this direction, the writ petition stands disposed

off.

(Dr. Anshuman, J)

Mkr./-

U