Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The writ petition is disposed of without granting the relief sought.
Summary
Indu Devi filed a writ petition seeking a mandamus directing the State of Bihar and Samastipur Municipal Corporation to pay her retiral benefits, including provident fund, gratuity, leave encashment and pension, with interest, following her husband's retirement as a peon in 2015. The Corporation argued that records were missing and no final order on pensionary benefits had been passed. The petitioner relied on earlier orders of this Court in similar cases where the respondents were directed to pay dues with 9% interest per annum. The respondents requested the Court to examine the petition in light of C.W.J.C. No.10632 of 2019 and C.W.J.C. No.10633 of 2019 concerning Ram Sevak Paswan and Lalan Prasad Singh, and to issue an order within eight weeks if the cases were analogous. The Court noted that any amounts already released should be reflected in the final order and ultimately disposed of the writ petition.
Issues considered
- Whether the petitioner is entitled to payment of retiral benefits of her husband under the revised pay scales and with interest.
- Whether the lack of records and absence of a final order precludes the issuance of a mandamus directing payment.
- Whether the petition should be decided in accordance with earlier judgments (C.W.J.C. No.10632/2019 and C.W.J.C. No.10633/2019) directing payment with 9% interest.
Subjects
- retiral benefits
- pension
- mandamus
- municipal corporation
- interest
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13613 of 2025
======================================================
Indu Devi W/o Chandeshwar Prasad Singh, Jarang Gotoli, P.O. - Jarang
Deodhi, P.S. Sarfuddinpur, District- Muzaffarpur.
... ... 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/s : Mr.Additional Advocate General (12)
======================================================
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/her 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 petitioner husband has been
Patna High Court CWJC No.13613 of 2025(3) dt.22-01-2026
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ordered to be retired/death with effect
from 31/05/2015, as an Peon, 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.13613 of 2025(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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