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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must first file a fresh representation before the Treasury Officer, and therefore the writ petition was disposed without granting mandamus.

Summary

The petitioners, four former government employees, filed a writ petition seeking a mandamus directing the Treasury Officer of Sasaram to credit their deducted C.P.F. and other statutory amounts, along with employer contributions and accrued interest, into a Permanent Retirement Account Number (PRAN) under the new National Pension Scheme for the period December 2007 to March 2010. They alleged that despite multiple letters and reminders from the Drawing and Disbursing Officer of the Civil Court, Sasaram, the Treasury Officer had taken no action. The respondents argued that only one petitioner had filed a representation, questioning the standing of the others. The High Court, without adjudicating the merits, ordered the petitioners to file a fresh, collective representation before the Treasury Officer within 30 days and directed the officer to issue a reasoned order within 60 days after consulting the Drawing and Disbursing Officer. Consequently, the writ petition was disposed without granting the relief sought.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the Treasury Officer to credit the pension amounts without a fresh representation from the petitioners.
  • Whether the petitioners have complied with the procedural requirement of filing a representation before seeking judicial intervention.

Subjects

  • mandamus
  • pension
  • C.P.F.
  • NPS
  • representation
  • administrative law
  • High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.4656 of 2026
                 ======================================================
           1.     Santosh Kumar Son of Purushotum Prasad, Resident of Mohalla- Kumahar
                  Toli, Sohni Patti, Police Station- Buxar, District- Buxar
           2.    Krishna Mohan Singh Son of Baleshwar Singh, Resident of Village-
                 Basantpur, Police Station- Aara Sadar, District- Bhojpur
           3.    Mahendra Kumar Singh Son of Sadhu Singh, Resident of Village-
                 Chaumukha, Pirauta Police Station- Krishnagarh, District- Bhojpur
           4.    Saroj Narayan Mishra Son of Brij Bihar Mishra, Resident of Mohalla- Civi
                 Line, Police Station- Buxar, District- Buxar

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna
           2.    The Principal Secretary, Department of Finance, Government of Bihar, Patna
           3.    The Treasury Officer, Sasaram, District- Rohtas
           4.    The Drawing and Disbursing Officer, Civil Court, Sasaram, District- Rohtas
           5.    The Managing Director, Protean e-Gov Technologies Limited (formerly
                 NSDL e-Governance Infrastructure Limited), 1st Floor, Times Tower,
                 Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai -
                 400013

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Narendra Kumar, Advocate
                 For the State          :     Mr. Anant Pd. Singh (SC-15)
                                              Mrs. Deepika Sharma (AC to SC-15)
                 For the Resp. no.4     :     Mr. Satyendra Narayan Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   30-03-2026                   Heard learned counsel for the petitioners, learned

                   counsel for the State and learned counsel for the Respondent

                   no.4.

                                 2. The present writ petition has been filed for the

                   following relief/s:-

                                        “I. For issuance of a writ in the nature of
Patna High Court CWJC No.4656 of 2026(2) dt.30-03-2026
                                            2/3




                                mandamus           or    any     other      appropriate
                                writ/writs, order(s), direction(s) commanding
                                and directing the Respondents to credit the
                                amount        of   C.P.F.      and   other    statutory
                                deduction deducted from Salary of the
                                Petitioners along with contribution of the
                                employer during the period of December,
                                2007     to    March,       2010     into    Permanent
                                Retirement Account Number [PRAN] under
                                new pension scheme [NPS] along with due
                                accrued interest equivalent to Net Assets Value
                                [NAV] of the units of the non-credited amount
                                as per current market value.
                                II. Any other orders, direction/directions to
                                which the petitioners are deemed entitle.”


                      3. Learned counsel for the petitioners submit that for

          fulfillment of their grievances, the Treasury Officer, Sasaram,

          Rohtas (Respondent no.3) is the competent person. Counsel

          submits that the letters and reminders were sent from the

          Drawing and Disbursing Officer, Civil Court, Sasaram, Rohtas

          (Respondent no.4) to the Treasury Officer, Sasaram, Rohtas

          (Respondent no.3) several times, but no decision has been taken

          by the Respondent no.3 till date. The last option left to the

          petitioners is filing the present writ petition and demand writ in

          the nature of mandamus.
             Patna High Court CWJC No.4656 of 2026(2) dt.30-03-2026
                                                         3/3




                                   4. Learned counsel appearing for Respondent no.4

                       submits that it is true that the Drawing and Disbursing Officer,

                       Civil Court, Sasaram, Rohtas has written letter to Respondent

                       no.3. But, from the record, it transpires that the representation

                       has been filed by only one petitioner namely, Santosh Kumar

                       (petitioner no.1).

                                   5. In the light of the submissions made, this Court

                       without entering into the merit or demerit of this case hereby

                       directs all the petitioners to file a fresh representation along with

                       a copy of this order before the Treasury Officer, Sasaram,

                       Rohtas (Respondent no.3), within 30 days from today. Upon

                       receipt of the same, the Respondent no.3 is directed to pass a

                       reasoned and speaking order on the petitioners’ representation,

                       within 60 days thereafter. It is made clear that prior to passing a

                       reasoned and speaking order, the Respondent no.3 shall consult

                       with the Respondent no.4 within the said period.

                                   6. Accordingly, with the aforesaid direction, this writ

                       petition stands disposed off.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U


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