Patna High Court
Kailash Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the petitioner must first file a representation before the Director, Provident Fund, who is the competent authority to adjudicate the claim and determine any interest, before the Court can entertain further relief.
Summary
The petitioner, a retired key man‑cum‑chaukidar, retired on 31‑08‑2019 but has not received his contributory provident fund, pension or group insurance benefits, allegedly because the authorities recorded his date of birth incorrectly as 07‑07‑1959 instead of 1969. He filed a writ petition seeking payment of the amounts due along with statutory interest. The State argued that the petitioner should first file a fresh representation before the Director, Provident Fund, who is the appropriate authority to adjudicate such claims. The Court directed the petitioner to submit a detailed representation to the newly added respondent No. 8 within four weeks and instructed that authority to decide the claim and pass a reasoned order, including interest, within eight weeks. Accordingly, the writ application was disposed with these directions.
Issues considered
- What relief, if any, can the High Court grant directly for payment of provident fund, pension and group insurance where a statutory grievance mechanism exists?
- Does the alleged error in the petitioner’s date of birth affect his entitlement to retirement benefits?
- Is the Court required to direct the petitioner to approach the Provident Fund authority before granting relief?
Subjects
- Provident Fund
- Pension
- Group Insurance
- Retirement Benefits
- Date of Birth Discrepancy
- Statutory Interest
- Writ Jurisdiction
- Representation
- Grievance Redressal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4645 of 2026
======================================================
Kailash Kumar Chaudhary Son of Late Satyadeo Chaudhary, Resident of
Village and P.O. Bharat Khand, P.S. Parbatta, District- Khagaria, the retired
Key Man-cum-Chaukidar, Office of Junior Engineer, Public Health Section,
Laxmipur, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Public Health and Engineering Department, Government of
Bihar, Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Public Health and
Engineering Department, Government of Bihar, Patna.
4. The Superintending Engineer, Public Health Engineering Circle, Munger,
District- Munger.
5. The Executive Engineer, Public Health Engineering Division, Jamui,
District- Jamui.
6. The Employees Provident Fund Organization, Bihar, Patna through the
Regional Provident Fund Commissioner.
7. The Regional Provident Fund Commissioner, The Employees Provident
Fund Organization, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Awnish Kumar
For the Respondent/s : Government Advocate (08)
For the EPFO : Mr. Prashant Sinha
Mr. Amar Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents are present.
2. Learned counsel for the petitioner is directed to add
the Director, Provident Fund, Government of Bihar, Patna, as
respondent no.8 during course of the day.
3. The instant writ application has been filed for the
Patna High Court CWJC No.4645 of 2026(2) dt.09-04-2026
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following reliefs:
(i) For directing the respondent authorities for
payment of the amount of contributory provident
fund, the legitimate pension and the amount of
group insurance scheme to the petitioner for which
the petitioner is entitled after his retirement from
his service on 31/08/2019, however, it has not been
paid to the petitioner, so far because of contrary in
his date of birth created by the respondent 1st set in
complete ignorance of the academic records of the
petitioner according to which he was born in 1969
but he was compelled to retire in the year 2019
treating his date of birth as 07.07.1959.
(ii) For directing the authorities for payment of
withhold amount of contributor provident fund and
group insurance to the petitioner with up-to-date
pendentelite interest which the petitioner could
have earned, if the amount of contributory
provident fund and group insurance would have
been paid to him.
(iii) For any other relief for which the petitioner
would be entitled under the facts and
circumstances of the case.
4. Learned counsel for the petitioner submits that the
petitioner retired on 31.08.2019, but for unexplained reasons,
the provident fund amount, despite deductions having been
made, has not been paid to him till date.
5. At this stage, learned counsel for the State submits
that appropriate directions may be issued to the petitioner to file
a fresh representation before the newly added respondent no. 8,
i.e., the Director, Provident Fund, Government of Bihar, Patna,
Patna High Court CWJC No.4645 of 2026(2) dt.09-04-2026
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who will adjudicate the grievances of the petitioner in
accordance with law.
6. Considering the submissions of the parties, this
Court directs the petitioner to file a detailed representation
before respondent no. 8 within a period of four weeks from
today. Upon receipt of such representation, respondent no. 8
shall adjudicate the claim of the petitioner and pass a reasoned
and speaking order, including consideration of statutory interest
till the date of payment of the benefits in question, within a
period of eight weeks thereafter.
7. With the aforesaid observations and directions, the
instant writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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