Disposed¶36

Nilima Kumari @ Nirmala Kumari v. The State of Bihar

Patna HC6 Jul 2026CWJC/6883/2021

Case brief

AI extract

What is this about?

CWJC No.6883 of 2021, Patna High Court, order dated 06-07-2026, Harish Kumar, J.; post-retiral dues; pensionary benefits; fixation of pension; dismissal from service on 05.11.2014; superannuation during dismissal; consequential service benefits extended on Court's intervention; suspension period differential under process; salary processed and forwarded; counter affidavits by CDPOs and District Magistrate; petitioner unrepresented; writ disposed of with liberty to approach competent authority; no costs, no quantum awarded.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to approach the competent authority for redressal of any surviving grievance regarding arrears of salary or other admissible dues, in accordance with law; no further relief granted as the substantial grievance was held redressed.

Nilima Kumari @ Nirmala Kumari Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are liable to ensure payment of all post-retiral dues and to grant the petitioner pensionary benefits, including fixation of pension, strictly in accordance with the applicable rules and governing provisions of law. +1 more

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Court's answer

Upon perusal of the counter affidavits filed on behalf of respondent no. 8 and respondent nos. 5, 6, 7 and 9, the Court held that the substantial grievance raised by the petitioner stands redressed.

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Ratio / Principle

If the petitioner still has any surviving grievance with regard to arrears of salary or any other admissible dues for any period, the petitioner is at liberty to approach the competent authority for redressal of the same, in accordance with law.

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Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.) disposed of CWJC No.6883 of 2021, in which the petitioner, dismissed from service on 05.11.2014 and attaining superannuation during the dismissal period, sought directions for payment of all post-retiral dues and grant of pensionary benefits including fixation of pension. It was recorded that, pursuant to this Court's intervention, all consequential service benefits including pension had already been extended. Counter affidavits of respondent no. 8 and respondent nos. 5, 6, 7 and 9 showed that all admissible post-retiral benefits had been paid, the differential amount for the suspension period was under process, and the admissible salary for the relevant period had been processed and forwarded for payment (Annexure-A). Holding the substantial grievance redressed, the Court disposed of the petition with liberty to approach the competent authority for any surviving grievance as to arrears of salary or other admissible dues, in accordance with law.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6883 of 2021

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Nilima Kumari @ Nirmala Kumari W/o Sri Raj Kishore Singh Resident of Tilha, Kalibari, P.S.- Civil Lines, District- Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Social Welfare Departmen, Government of Bihar, Patna.

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The Primary Secretary, Welfare Department, Government of Bihar, Patna.

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The Director, ICDS, Bihar, Patna.

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Divisional Commissioner, Magudh Devision, Gaya.

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District Magistrate, Aurangabad.

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CDPO, Daudnagar, Aurangabad.

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CDPO, Navinagar, Aurangabad.

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CDPO, Bodh Gaya, Gaya.

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CDPO, Madanpur, Aurangabad.

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CDPO, Hisua, Nalanda.

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CDPO, Ghosi, Jehanabad.

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Accountant General, Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : None. For the Respondent/s : Md. Raisul Haque, SC-10 For the AG, Bihar : Mr. Ram Kinkar Choubey, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

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12 06-07-2026 Despite repeated calls, none appears on behalf of the

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petitioner.

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Learned Advocate for the State as well as learned

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Advocate for the Accountant General, Bihar, are present.

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The petitioner has approached this Court seeking a direction upon the respondents to ensure payment of all postretiral dues and to grant pensionary benefits, including fixation

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Patna High Court CWJC No.6883 of 2021(12) dt.06-07-2026 2/3

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of pension, strictly in accordance with the applicable rules and governing provisions of law.

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It is pertinent to note that, while the petitioner was in service, he was dismissed from service on 05.11.2014. During the period of dismissal, he attained the age of superannuation. However, pursuant to the intervention of this Court, the petitioner has been extended all consequential service benefits, including pension and other post-retiral dues.

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A counter affidavit has been filed on behalf of respondent no. 8, wherein it has been stated that all admissible post-retiral benefits have already been paid to the petitioner. It has further been stated that the differential amount payable for the petitioner's suspension period is presently under process and shall be paid at the earliest.

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Another counter affidavit has been filed on behalf of respondent nos. 5, 6, 7 and 9. It has been stated therein that the admissible salary for the relevant period of the petitioner's service has already been processed and forwarded for payment. A photocopy of the statement reflecting payment of the salary for the remaining period has also been brought on record as Annexure-A to the said counter affidavit.

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Having considered the submissions advanced and

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Patna High Court CWJC No.6883 of 2021(12) dt.06-07-2026 3/3

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upon perusal of the averments made in the counter affidavits filed on behalf of respondent no. 8 as well as respondent nos. 5, 6, 7 and 9, this Court is of the considered view that the substantial grievance raised by the petitioner stands redressed.

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However, if the petitioner still has any surviving grievance with regard to arrears of salary or any other admissible dues for any period, she shall be at liberty to approach the competent authority for redressal of the same, in accordance with law.

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With the aforesaid observations and liberty, the present writ petition stands disposed of.

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(Harish Kumar, J)

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rohit/-

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Nilima Kumari @ Nirmala Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nilima Kumari @ Nirmala Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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