Created by Fuzzy Cloud

Patna High Court

Md Arshiul HaqueversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.