Patna High Court
Ashok Kumar KarnversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court disposed the writ application, directing the petitioner to approach the District Magistrate for determination of the salary arrears, without making a substantive ruling on liability.
Summary
Ashok Kumar Karn, a retired government employee of Bihar, filed a writ petition seeking release of five months' salary arrears and post‑retirement benefits that he claimed were illegally withheld following departmental proceedings. The petitioner alleged that a total of Rs.8,56,211 (GPF), Rs.7,45,000 (earned leave encashment) and Rs.1,33,256 (group insurance) were due, in addition to the salary for the period June 2020 to May 2021. The respondents contended that the GPF, earned leave and group insurance amounts had already been paid, leaving only the salary arrears in dispute. The court examined the counter‑affidavit and directed the petitioner to file a detailed representation before the District Magistrate of Madhubani within two weeks. The District Magistrate was instructed to decide the salary claim within six weeks and to pay any admissible amount, with interest at 12% accruing after that period. Accordingly, the writ application was disposed with these procedural directions.
Issues considered
- Whether the State of Bihar is liable to release the five‑month salary arrears withheld from the petitioner
- Whether the petitioner is entitled to the claimed post‑retirement benefits of GPF, earned leave encashment and group insurance
Subjects
- salary arrears
- departmental proceedings
- post‑retirement benefits
- General Provident Fund
- earned leave encashment
- group insurance
- writ jurisdiction
- interest
- government employee
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19004 of 2024
======================================================
Ashok Kumar Karn S/o - Chandra Kishor Lal Karn, R/o - Village - Said
Nagar Near Vishwakrama Tempal, P.S. Laheriasarai, Barheta, Darbhanga,
Bihar - 846001
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar
2. The Department of Revenue and Land Reforms through its Principal
Secretary, Government of Bihar
3. The Deputy Secretary, Revenue and Land Reforms Department,
Government of Bihar
4. The District Magistrate, Madhubani
5. The Circle Officer, Andhrathadi, madhubani
6. Office of the Principal Accountant General (A and E), Bihar, Patna through
the Accountant General
7. The Assistant Accounts Officer, Office of the Principal Accountant General
(A and E), Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yash Singh
For the Respondent/s : Mr.Government Advocate (8)
Ms. Kalpana
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 22-01-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The instant writ application has been filed for the
following reliefs:-
(i) For directing the respondents to
forthwith release the illegally withheld 5- month
arrears of salary (5- month salary which remains
unpaid till date, out of the 12 month salary
withheld for the period June 2020 to May 2021, on
account of Departmental proceedings being
initiated against the petitioner, wherein the
Patna High Court CWJC No.19004 of 2024(4) dt.22-01-2026
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petitioner, later on 29.01.2023 was absolved of all
charges) of the petitioner, despite the petitioner
being in regular service/ employment until his
superannuation from service on 31.01.2022, for
which the petitioner is legally entitled;
(ii) For directing the respondents to
forthwith release the illegally withheld post-
retirement benefits of the petitioner including the
benefits of General Provident Fund, Earned Leave
Encashment, Group Insurance Benefits amounting
to approximately Rs.8,56,211/-, Rs.7,45,000/- and
Rs.1,33,256/- respectively for which the petitioner
is also legally entitled;
(iii) For directing the respondents to pay
the aforesaid amounts due to the petitioner from
the respondent authorities alongwith interest and
cost the present litigation;
(iv) For any other relief for which the
petitioner is found entitled in the facts and
circumstances of the case.
3. Learned counsel for the petitioner has filed a
rejoinder to the counter affidavit filed on behalf of the State.
Upon perusal of paragraph-4 thereof, it is specifically stated that
the amounts under the Group Insurance Scheme, earned leave,
and GPF have already been paid. The only grievance that now
remains is with respect to the salary for five months and the
delayed interest thereon, to which the petitioner claims
entitlement, for which, the learned counsel for the petitioner
proposes to file a detailed representation before the District
Magistrate, Madhubani within a period of two weeks from
Patna High Court CWJC No.19004 of 2024(4) dt.22-01-2026
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today.
4. It is expected that the District Magistrate,
Madhubani shall pass appropriate orders with regard to the
petitioner’s claim for salary within a period of six weeks from
the date of receipt of the representation and admissible amount
shall be paid to him within the same time, failing which interest
at the rate of 12% shall accrue on the unpaid salary after the
expiry of six weeks until the date of actual payment.
5. With the aforesaid observations and directions, this
application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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