Patna High Court
Lakshmi Kumari @ Lakshmi DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the Nagar Commissioner to decide the petitioner’s claim within eight weeks, thereby disposing of the writ petition.
Summary
Lakshmi Kumari filed a writ petition in the Patna High Court seeking a mandamus directing the Nagar Commissioner of Motihari to pay her provident fund amounts with statutory interest for the period 1975-2009 and to fix her pension according to the 7th pay scale, including arrears. The petitioner alleged that a representation on these claims had been filed with the Nagar Commissioner but remained unadjudicated. The respondents argued that the pending representation required a reasoned order before any writ could be issued. The Court held that the appropriate remedy was to direct the Nagar Commissioner to decide the claim within a specified time, rather than issuing a mandamus at this stage. Accordingly, the Court ordered the petitioner to file her supporting documents within four weeks and the Commissioner to dispose of the claim within eight weeks, and dismissed the writ petition.
Issues considered
- What relief, if any, can be granted by a writ of mandamus to compel a municipal authority to pay provident fund and pension benefits?
- Whether the pending representation before the Nagar Commissioner precludes the issuance of a mandamus at this stage?
Subjects
- writ of mandamus
- provident fund
- pension
- public authority
- administrative law
- delay in adjudication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1390 of 2026
======================================================
Lakshmi Kumari @ Lakshmi Devi Wife of Late Eshwar Ram, Resident of
Village-Banjariya Pandal, Ward No. 6, Naga Tola, P.O.-Banjariya Pandal,
District-Motihari, East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
3. The District Magistrate, Motihari.
4. The Nagar Commissioner, Nagar Nigam, Motihari (West Champaran).
5. The Executive Officer, Nagar Nigam, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shree Kant Pandey, Adv.
For the Respondent/s : Mr.Government Pleader (04)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-02-2026 The writ petition has been filed for the following
relief:-
“1. That this is an application for
issuance of a writ in the nature of mandamus,
directing and commanding the respondent
authorities i.e. Respondent No.4 to pay the
provident fund amounts with statutory interest
from year 1975 to 2009 and fixed pension
according to 7th pay scale and paid the arrear
of that amounts and/or pass appropriate
order/orders as deem fit and proper.”
2. Counsel for the petitioner submits that the
representation for payment of provident fund with statutory
interest from 1975 to 2009 and as also fixation of pension as per
Patna High Court CWJC No.1390 of 2026(2) dt.06-02-2026
2/2
the 7th pay-scale with arrear of pension, has already been filed
before the Nagar Commissioner, Nagar Nigam, Motihari (West
Champaran) but, the same has not been adjudicated.
3. Counsel for the Municipal Corporation as also the
State submits that once the representation has already been filed
and the nature of relief requires adjudication, the authorities
concerned may be directed to take a call to decide the grievance
of the petitioner by passing a reasoned and speaking order.
4. Considering the submissions of the parties, this
Court finds it appropriate to direct the Respondent No.4, Nagar
Commissioner, Nagar Nigam, Motihari (West Champaran) to
decide the claim of the petitioner within a period of eight weeks
from the date of representation, which shall be filed by the
petitioner with all supporting materials within a period of four
weeks from today.
5. The writ petition is, accordingly, disposed of.
(Ajit Kumar, J)
rishi/-
U
Checking your session…