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Patna High Court

Uma Lal DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, directing the respondents to examine the case and pass an order within eight weeks regarding the petitioner’s retiral benefits.

Summary

The petitioner, a former cashier of the Samastipur Municipal Corporation, filed a writ petition seeking a mandamus directing the State and the Corporation to pay his retiral benefits, including provident fund, gratuity, leave encashment, and pension, with interest as per revised pay scales. The respondents argued that the records were missing and the final order for pensionary benefits had not been passed. The petitioner relied on earlier orders of this Court in similar cases where the Corporation was directed to pay dues with 9% interest. The respondents sought time to examine the petitioner's case in light of those earlier judgments and promised to pass a necessary order within eight weeks. The Court, after hearing counsel, disposed of the petition, directing the Executive Officer to determine any amounts already released and to issue a final order accordingly.

Issues considered

  • Whether the petitioner is entitled to payment of all retiral benefits as claimed.
  • Whether the respondents are liable to pay interest on the dues at the rate of 9% per annum.
  • Whether the missing records preclude the release of pensionary benefits.
  • Whether the petitioner is entitled to relief based on earlier similar judgments.

Subjects

  • retirement benefits
  • pension
  • mandamus
  • municipal corporation
  • interest
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4062 of 2025
                 ======================================================
                 Uma Lal Das S/o Late Satya Narayan Lal Das, Ward No. 8 Professor Colony
                 Gali No.01, Kashipur, P.O. and P.S.- Samastipur, 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
                 For the Respondent No.2 & 3   :      Mr.Prince Kumar Mishra
                                                      Ms.Priyanka Kumari
                 ======================================================
                 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
                                           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
Patna High Court CWJC No.4062 of 2025(3) dt.22-01-2026
                                            2/3




                                   petitioner has been ordered to be retired
                                   with effect from 31/01/2014, as an
                                   Cashier, 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.4062 of 2025(3) dt.22-01-2026
                                                       3/3




                     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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