Patna High Court
Husan BanoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The writ petition is disposed of, effectively denying the relief sought.
Summary
Husan Bano, a former driver of Nagar Parishad Samastipur retired on 1 April 2013, filed a writ petition seeking a mandamus directing the State of Bihar and Samastipur Municipal Corporation to pay his retiral benefits, including provident fund, gratuity, leave encashment, and revised salary and pension with interest. The Corporation contended that the service records were missing and therefore the pensionary benefits had not been released. The petitioner relied on earlier orders of a coordinate bench of the Patna High Court that directed payment of similar dues with interest at 9% per annum. The respondents sought to examine the case in light of two earlier writs (C.W.J.C. No.10632 of 2019 and C.W.J.C. No.10633 of 2019) involving Ram Sevak Paswan and Lalan Prasad Singh, and promised to pass a necessary order within eight weeks. The Court noted that any amounts already paid should be reflected in the final order and ultimately disposed of the writ petition.
Issues considered
- Whether the petitioner is entitled to payment of all retiral benefits including provident fund, gratuity, leave encashment, and revised salary and pension with interest.
- Whether the missing service records justify non‑payment of pensionary benefits.
- Whether the earlier orders of the coordinate bench directing payment with 9% interest are applicable to the present case.
Subjects
- retiral benefits
- pension
- provident fund
- gratuity
- leave encashment
- municipal corporation
- writ of mandamus
- interest
- salary revision
- pay scale
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11321 of 2024
======================================================
Husan Bano W/o Mohammad Yusuf, Ward No. 02, P.O. and P.S.-Dharampur,
District-Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
3. The Standing Committee through the Chairman, Municipal Corporation,
Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Jha
For the Respondent No.2: Mr.Prince Kumar Mishra
Ms.Priyanka Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner as well as
learned counsel representing the Corporation as well as the
State.
2. The petitioner has filed this writ petition with the
following relief(s):-
“(i) For issuance of a writ in
the nature of writ of mandamus directing
and commanding the respondents
authorities to make payment of all retiral
benefits of the petitioner payable to him
under different heads like as provident
fund, gratuity, leave encashment, GIC
etc. after fixing the pay and pension
accordingly in the light of revised fifth
and sixth pay scale including the arrears
amount of revised salary and pension
with interest and calculation chart as the
Patna High Court CWJC No.11321 of 2024(3) dt.22-01-2026
2/3
petitioner has been ordered to be retired
with effect from 01/04/2013, as an driver,
from the service of Nagar Parishad
Samastipur at Present Municipal
Corporation, Samastipur.
(ii) For issuance of any other
consequential writ / order/direction to
the respondents for which the petitioner
is found to be entitled to under the facts
and circumstances of the case.”
3. Learned counsel representing the Corporation
submits that the records are missing and, therefore, pensionary
benefits have not been released in favour of this petitioner and
the final order has not been passed.
4. At this stage, learned counsel for the petitioner
relied on certain orders passed by a co-ordinate Bench of this
Court, wherein similar stand was taken by the Corporation and
the Court was pleased to pass order directing the respondents to
pay the retiral dues at the rate of 9% per annum from the date of
retirement till the date of actual payment. He further submits
that this writ petition may also be disposed of in light of the
aforesaid orders.
5. Learned counsel for the respondents-Corporation
submits that he would examine the case of the petitioner along
with the orders of C.W.J.C. No.10632 of 2019 as well as
C.W.J.C. No. 10633 of 2019 passed in the case of Ram Sevak
Paswan and Lalan Prasad Singh, respectively, and if his case is
Patna High Court CWJC No.11321 of 2024(3) dt.22-01-2026
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found similar to that of those writ petitioners, necessary order
shall be passed within a period of eight weeks from the date of
submission of a representation with a copy of this order.
6. Needless to say that during pendency of the writ
petition, if certain amounts under different heads have already
been released then such amount shall be indicated in the final
order, which is expected to be passed by the Executive Officer
or by the authorities of the Municipal Corporation, competent in
law by referring to the supportive materials, with respect to the
amounts settled in favour to the petitioner in question.
7. Accordingly, the instant writ petition stands
disposed of.
(Ajit Kumar, J)
abhishekkr/-
U
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