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Patna High Court

Raj Kumari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The respondents are directed to pay the petitioner’s retirement benefits with interest at 9% per annum from the date of retirement.

Summary

The petitioner, Raj Kumari Devi, widow of a former sweeper of Samastipur Municipal Corporation who retired/deceased on 31‑03‑2012, filed a writ petition seeking payment of all retirement benefits including provident fund, gratuity, leave encashment, GIC and pension calculated on the revised fifth and sixth pay scales, together with interest. The respondents – the State of Bihar, the Municipal Commissioner and the Standing Committee – contended that the service records were missing and therefore the dues could not be released. The petitioner relied on earlier decisions of this Court (C.W.J.C. No.10632/2019 and C.W.J.C. No.10633/2019) where similar claims were granted with interest at 9% per annum. The Court examined the submissions and, noting the precedent, directed the respondents to determine and pay the petitioner’s retirement dues with interest at 9% from the date of retirement, within eight weeks of the order. The petition was thereafter disposed of.

Issues considered

  • Whether the Municipal Corporation and the State are liable to pay the petitioner’s retirement benefits and interest despite alleged missing records
  • Whether the precedent of C.W.J.C. No.10632/2019 and C.W.J.C. No.10633/2019 is applicable to the present case

Subjects

  • retirement benefits
  • pension
  • provident fund
  • gratuity
  • municipal corporation
  • writ of mandamus
  • interest
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3092 of 2026
                 ======================================================
                 Raj Kumari Devi W/o Late Shankar Ram, village Mathurapur P.O. and P.S.
                 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 State            :     Mr. Standing Counsel (16)
                 For the Resp. 2 & 3      :     Mr. Prince Kumar Mishra, Adv.
                                                Ms. Priyanka Kumari, Adv.
                 ======================================================
                 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.3092 of 2026(2) dt.11-03-2026
                                            2/3




                  and pension with interest and calculation chart as the
                  petitioner Husband has been ordered to be
                  retired/death with effect from 31/03/2012 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.3092 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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