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Patna High Court

Sabita KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the District Programme Officer to adjudicate the petitioner’s G.P.F. claim after a fresh representation is filed, rather than granting mandamus at this stage.

Summary

The petitioner, Sabita Kumari, filed a writ petition seeking a mandamus directing the State of Bihar and education officials to pay the General Provident Fund (G.P.F.) amount of her mother, Indrawati Devi, with interest for the years 1965‑66 to 1976‑77. The respondents argued that a three‑member committee had already been constituted to collect evidence on the G.P.F. contribution and that the petitioner should file a fresh representation with supporting documents. The petitioner’s counsel submitted that the lack of records necessitated the committee’s investigation, while the State counsel urged the petitioner to submit a fresh claim to expedite adjudication. The Court held that the petition could not be disposed by mandamus at this stage and directed the District Programme Officer (Establishment), Madhubani, to adjudicate the claim after the petitioner files a representation within four weeks. Upon receipt of the representation, the officer must consider the collected evidence and decide within twelve weeks, granting the benefit with statutory interest if justified. Consequently, the writ petition was disposed.

Issues considered

  • Whether a mandamus can be issued directing payment of the G.P.F. amount when the records are unavailable and a committee has been constituted.
  • Whether the petitioner must file a fresh representation with supporting documents before the claim can be adjudicated.

Subjects

  • mandamus
  • G.P.F.
  • General Provident Fund
  • writ petition
  • administrative law
  • Bihar education department
  • representation
  • adjudication

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1174 of 2022
                 ======================================================
                 Sabita Kumari Daughter of Late Laxman Lal Das, resident of Madhubani
                 Town, Ward No. 6 (Near Babu Saheb Chowk), Police Station Madhubani,
                 District Madhubani.
                                                                           ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Principal Secretary, Education Department,
                  Bihar, Patna.
           2.    The District Programme Officer, Madhubani.
           3.    The District Superintendent of Education, Madhubani.
           4.    The Treasury Officer, Madhubani.
           5.     The Head Mistress, Middle School Saurath, District-Madhubani.
                                                                         ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Prabhas Ranjan
                 For the Respondent/s   :      Mr.Rajesh Kr. Sinha, Ac to Gp23
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

7   30-01-2026                 In the instant petition, petitioner has prayed for the

                   following relief(s):-

                                                          “(A)    A      Mandamus
                                               commanding the respondents for
                                               payment of G.P.F. amount (of her
                                               mother namely Indrawati Devi)
                                               along with interest for the period
                                               1965-66 to 1976-77.
                                                          (B) Any other relief or
                                               reliefs for which petitioner may be
                                               found entitled to in the fact and
                                               circumstances of the present case
                                               may kindly be granted to her.”

                               2. Counsel for the petitioner by referring to the stand

                   taken by the respondents in their counter affidavit filed on

                   behalf of the Respondent Nos. 2 & 3, submits that due to non-

                   availability of the records in the office of the District
Patna High Court CWJC No.1174 of 2022(7) dt.30-01-2026
                                            2/3




          Programme Officer (Establishment), Madhubani, for the period

          which is claimed by this petitioner, a three man committee has

          been constituted in the light of the Letter No. 1766 dated

          16.12.2021 and Letter No. 662 dated 28.04.2022 of the

          Directorate, Primary Education, under the Chairmanship of the

          District Programme Officer (Establishment), Madhubani vide

          Memo No. 2242 dated 06.05.2022, for collection of evidences

          regarding the contribution of G.P.F, which is said to have been

          deposited in the post office.

                      3. It is next been submitted that authorities may be

          directed to act upon the evidences, which are said to have been

          collected after constitution of the Committee in question, and

          accordingly, the grievance of the petitioner may be directed to

          be adjudicated on the materials available with them and as also

          by looking to the materials provided by the petitioner, if any.

                      4. On the other hand, counsel for the State submits

          that since committee has already been constituted for

          adjudication of the claim of the petitioner and as such, the

          petitioner may be directed to file a fresh representation along

          with supportive documents, which may be in possession of this

          petitioner for facilitating early adjudication of his claim, and

          timeline for disposal may also be framed.
           Patna High Court CWJC No.1174 of 2022(7) dt.30-01-2026
                                                        3/3




                                 5. Considering the aforesaid, this Court finds it

                     appropriate        to     direct         District   Programme   Officer

                     (Establishment), Madhubani, to adjudicate the claim the

                     petitioner, for which an appropriate representation with

                     supportive materials shall be filed along with the copy of the

                     order, within a period of four weeks from today.

                                 6. On filing of such representation, the evidences

                     which are supposed to have been collected under his

                     Chairmanship and as also by referring to the materials, which

                     may be brought on record by the petitioner, for ventilation of the

                     grievances, the same shall be considered and appropriate

                     necessary orders shall be passed by adjudicating the claim of

                     this petitioner within a further period of 12 weeks from the date

                     of filing of such representation, and if the claims on

                     adjudication is found justified, then benefits shall also be

                     extended with the statutory interest, within the same time.

                                 7. Accordingly, the instant writ petition stands

                     disposed of.



                                                  (Ajit Kumar, J)
abhishekkr/-

U


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