Patna High Court
Md Arshiul HaqueversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The writ application is disposed of by directing the petitioner to file a representation before the appropriate authority, without granting the reliefs sought.
Summary
Petitioner Md Arshiul Haque filed a writ petition seeking a mandamus directing the State of Bihar and its officials to convert his pension from the New Pension Scheme to the Old Pension Scheme, grant all consequential benefits, stop further deductions, and transfer the accumulated corpus to a General Provident Fund account. The High Court, after hearing counsel, declined to issue the writs and instead directed the petitioner to file a representation before the District Magistrate, the Settlement Officer, or the appropriate authority within four weeks. The Court ordered that the concerned authority decide the representation within two months and communicate its decision to the petitioner. No substantive order on conversion or benefits was made. The application was thus disposed of with directions to pursue administrative remedy.
Issues considered
- Whether the High Court can issue a writ of mandamus directing conversion of the petitioner's pension from the New Pension Scheme to the Old Pension Scheme.
- Whether the Court can order payment of arrears, seniority benefits, and transfer of corpus to a GPF account.
- Whether the petitioner must first approach the administrative authorities before seeking judicial relief.
Subjects
- pension conversion
- New Pension Scheme
- Old Pension Scheme
- mandamus
- writ jurisdiction
- administrative remedy
- Bihar Pension Rules
- General Provident Fund
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5627 of 2026
======================================================
Md Arshiul Haque Son of Late Irshadul Haque, Resident of Meermanjan,
Quilaghat, PO Lalbagh, P.S - Sadar, District Darbhanga, Pin 846004, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
3. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
4. The Director, Directorate of Land Records and Survey, Government of
Bihar, Patna.
5. The District Magistrate, Darbhanga.
6. The Settlement Officer, Setttlement Office, Darbhanga.
7. The District Provident Fund Officer, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritik shah, Advocate
Mr. Shishir Shwetank Sudarshan, Advocate
For the Respondent/s : Mr. Satya Vrat, AC to GP- 10
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The petitioner has filed the instant application for
the following reliefs:
“1. I. Issue a writ in the
nature of Mandamus or any other
appropriate writ, order or direction,
Patna High Court CWJC No.5627 of 2026(2) dt.15-04-2026
2/3
commanding the respondent
authorities to forthwith convert the
petitioner's pension scheme from the
New Pension Scheme to the Old
Pension Scheme as governed by the
Bihar Pension Rules.
II. Issue a further writ,
order or direction commanding the
respondents to grant all consequential
benefits to the petitioner arising from
his coverage under the Old Pension
Scheme, including fixation of pay,
seniority, and payment of all arrears
from his date of joining, i.e.,
19.12.2005, with appropriate interest.
III. Issue a further writ,
order or direction commanding the
respondents to stop any further
deductions from the petitioner's salary
under the New Pension Scheme and to
transfer the entire accumulated corpus
(both employee's and employer's
contribution) along with
interest/returns to a newly opened
General Provident Fund (GPF)
account in the petitioner's name.
IV. Pass such other order or
orders as Your Lordships may deem fit
and proper in the facts and
circumstances of the case.”
Patna High Court CWJC No.5627 of 2026(2) dt.15-04-2026
3/3
3. Having heard learned counsel for the parties and
having perused the contents of the petition, the writ application
is disposed of directing the petitioner to file a representation
before the District Magistrate, Darbhanga (respondent no.5)/the
Settlement Officer, Settlement Office, Darbhanga (respondent
no.6)/appropriate authority for the grievances raised in the
instant application within a period of four weeks.
4. On filing of such a representation, the respondent
concerned shall decide the same in accordance with law within a
period of two months from the date of its filing and
communicate the order passed thereon to the petitioner
forthwith.
5. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
sauravkrsinha/-
U
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