Kalktari Devi @ Kalakatari Devi vs The State of Bihar — CWJC/6763/2023

Case under Constitution of India Section 226. Disposed: Contested--ALLOWED on 08th May 2026.

Case disposed Next hearing 04-May-2023

CNR: BRHC010214242023

e-Filing Number

28-02-2023

Filing Number

CWJC/5033/2023

Filing Date

28-Feb-2023

Registration No

CWJC/6763/2023

Registration Date

03-May-2023

Judge

Mr. Justice Ajit Kumar

Coram

Mr. Justice Ajit Kumar

Bench Type

Single Bench

Category

CIVIL WRIT ( 15 )

Sub-Category

POST RETIRE, NON GAZETTED SER. ( 4702 )

Judicial Branch

Judicial Section

Decision Date

08-May-2026

Nature of Disposal

Contested--ALLOWED

Last updated 01-Jun-2026

Acts & Sections

Constitution of India Section 226

Petitioner(s)

  1. 1.Kalktari Devi @ Kalakatari Devi

    Adv. Shashi Shekhar Tiwary,Kanhaiya Pandey,Kanhaiya Pandey, ,Usha Kumari,Shivam Kumar,Kanhaiya Pandey

Respondent(s)

  1. 1.The State of Bihar

    Adv. ,Ritika Rani 1123

  2. 2.The Principal Secretary,

  3. 3.The Accountant General (A and E),

  4. 4.The District Magistrate,

  5. 5.The Panchayat Raj Officer,

  6. 6.The Block Development Officer,

  7. 7.The District Provident Found Officer,

  8. 8.The Panchayat Secretary,

Case History

  1. Case disposedDisposed

  2. 08-May-2026

    Mr. Justice Ajit KumarView PDF

  3. 08-May-2026

    Mr. Justice Ajit KumarView PDF

    The Patna High Court set aside Memo No. 1400 dated 28.09.2022 and directed the State of Bihar to refund Rs. 19,18,073/- to petitioner Kalktari Devi with applicable bank interest within eight weeks. The court held that recovery of alleged arrears from a deceased employee's death-cum-retiral benefits cannot be made from the widow, as no statutory proceedings under Bihar Pension Rules, 1950 were conducted during the employee's lifetime to establish the liability, rendering the demand impermissible in law. This case analysis is maintained by casestatus.in based on publicly available court records.

  4. 08-May-2026

    For Admission II

    Mr. Justice Ajit Kumar

  5. 01-May-2026

    For Admission II

    Mr. Justice Ajit Kumar

  6. 24-Apr-2026

    For Admission II

    Mr. Justice Ajit Kumar

  7. 04-May-2023

    For Orders (On Office Notes)

  8. 05-Apr-2023

    First hearing

    Initial hearing scheduled

  9. 28-Feb-2023

    Case filed

    Registration No. CWJC/6763/2023

casestatus.in Summary

The Patna High Court set aside Memo No. 1400 dated 28.09.2022 and directed the State of Bihar to refund Rs. 19,18,073/- to petitioner Kalktari Devi with applicable bank interest within eight weeks. The court held that recovery of alleged arrears from a deceased employee's death-cum-retiral benefits cannot be made from the widow, as no statutory proceedings under Bihar Pension Rules, 1950 were conducted during the employee's lifetime to establish the liability, rendering the demand impermissible in law. This case analysis is maintained by casestatus.in based on publicly available court records.

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