Patna High Court
Anil RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court disposed of the writ petition, directing the respondents to examine the case, determine any retirement dues, include any amounts already paid, and issue an order within eight weeks.
Summary
The petitioner, Anil Ram, filed a writ petition seeking a mandamus directing the State of Bihar and the Samastipur Municipal Corporation to pay all retirement benefits due to his mother, a former sweeper, including provident fund, gratuity, leave encashment, GIC, and pension with interest, based on revised pay scales. The corporation argued that records were missing and no final order had been passed, while the petitioner relied on earlier High Court orders that directed payment of similar dues with 9% interest per annum. The respondents indicated they would examine the case in light of C.W.J.C. No.10632 of 2019 and C.W.J.C. No.10633 of 2019 and, if similar, issue an order within eight weeks. The court noted that any amounts already released should be reflected in the final order. Ultimately, the court disposed of the writ petition, directing the respondents to determine the dues and issue the appropriate order within the stipulated time.
Issues considered
- What retirement benefits, if any, are payable to the petitioner’s mother under the applicable service rules and revised pay scales?
- Whether the respondents are liable to pay interest on delayed retirement benefits at the rate of 9% per annum?
- Whether the writ petition should be dismissed or the respondents should be directed to determine and pay the dues within a specified period?
Subjects
- retirement benefits
- pension
- provident fund
- municipal corporation
- writ of mandamus
- interest
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3000 of 2026
======================================================
Anil Ram S/o Late Chetan Ram, Ward No 14, PO and PS Mathurapur
Warisnagar, 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, Adv.
For the Resp. 2 & 3 : Mr. Prince Kumar Mishra, Adv.
Ms. Priyanka Kumari, Adv.
For the State : Mr. Standing Counsel (15)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 11-03-2026 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
Patna High Court CWJC No.3000 of 2026(2) dt.11-03-2026
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and pension with interest and calculation chart as the
petitioner Mother has been ordered to be
retired/death with effect from 24/06/2010 as an
Sweeper, from the service of Nagar Parishad
Samastipur at Present Municipal Corporation,
Samastipur.”
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
found similar to that of those writ petitioners, necessary order
Patna High Court CWJC No.3000 of 2026(2) dt.11-03-2026
3/3
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)
rishi/-
U
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