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Patna High Court

Madhu Gopal PrasadversusBihar State Power Transmission Company Limited

Decided
Disposal
DISPOSED

Holding

The Court held that the representation filed by the petitioner was not detailed enough and therefore ordered a fresh, comprehensive representation and stayed the impugned Office Order.

Summary

The petitioner, a former employee of Bihar State Power Transmission Company Ltd., filed a writ petition challenging Office Order No. 11/Muz dated 05‑12‑2025 and Memo No. 3396 dated 31‑12‑2025, seeking a recalculation of amounts under the Group Saving Scheme, full payment of Provident Fund, pension, terminal dues and refund of alleged illegal recoveries. The petitioner also submitted a representation dated 09‑01‑2026, which the respondents contended was not detailed enough to disclose the factual matrix of the grievance. The Court examined the representation and held it insufficient for adjudication. Accordingly, the Court directed the petitioner to file a fresh, comprehensive representation within 30 days and stayed the operation of Office Order No. 11/Muz pending such representation. The writ petition was disposed of without granting the substantive reliefs sought, subject to the further representation.

Issues considered

  • Whether Office Order No. 11/Muz dated 05‑12‑2025 can be set aside.
  • Whether Memo No. 3396 dated 31‑12‑2025 can be set aside.
  • Whether the petitioner is entitled to re‑fixation of amounts under the Group Saving Scheme and payment of full Provident Fund, pension and terminal dues.
  • Whether the respondent’s actions amount to arbitrary withholding of dues.

Subjects

  • writ petition
  • office order
  • group saving scheme
  • provident fund
  • pension
  • terminal dues
  • administrative law
  • stay order

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5721 of 2026
                 ======================================================
                 Madhu Gopal Prasad Son of Late Sri Gangadhar Prasad, Resident of -Vastu
                 Vihar Township Phase -1 Lakhaura Road, Motihari, P.S-Motihari, District-
                 East champaran.

                                                                      ... ... Petitioner/s
                                                 Versus
           1.    Bihar State Power Transmission Company Limited through its Chairman-
                 cum-Managing Director, Vidhyut Bhawan Patna.
           2.    The General Manager, HR.D. Administration Bihar state Power (Holding)
                 Co. Ltd, Vidhyut Bhawan Patna.
           3.    The General Manager (F and A) Bihar state Power (Holding) Co.Ltd,
                 Vidhyut Bhawan Patna.
           4.    The Dy. General Manger (F and A) Bihar state Power (Holding) Co. Ltd.,
                 Vidhyut Bhawan Patna
           5.    The Sr. Manager (Finance and Accounts) Bihar state Power Transmission
                 Company Limited, Vidhyut Bhawan Patna.
           6.    The Accounts Officer (Pension), Bihar state Power (Holding) Co.Ltd.
                 Vidhyut Bhawan Patna.
           7.    The Electrical Superintending Engineer, Bihar State Power Transmission
                 Company Limited Transmission Circle Muzaffarpur
           8.    The Electricity Executive Engineer, Bihar State Power Transmission
                 Company Limited Transmission Division, Muzaffarpur.
           9.    The Accounts Officer Transmission Zone/Circle Muzaffarpur, Bihar Power
                 Transmission Company Limited, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :    Mr.Dhirendra Kumar, Advocate
                 For the Respondent/s   :    Mr.Vivek Prasad, Advocate
                                             Mr. Pratyush Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   18-04-2026                 Heard Learned counsel appearing for the petitioner

                   and Learned counsel appearing for the respondents.

                               2. Learned counsel appearing for the petitioner

                   submits that the present writ petition has been filed for setting

                   aside Office Order No. 11/Muz dated 05.12.2025, issued under
Patna High Court CWJC No.5721 of 2026(2) dt.18-04-2026
                                            2/3




          the signature of the Electricity Executive Engineer, Bihar State

          Power Transmission Company Limited, Transmission Division,

          Muzaffarpur. The petitioner has also prayed for a direction to

          the respondent authorities to provide a complete calculation

          chart of re-fixation along with head-wise details of the alleged

          excess payment and recovery with exact figures.

                      3. The petitioner has further prayed for setting aside

          Memo No. 3396 dated 31.12.2025 issued by the Accounts

          Officer (Pension), Bihar State Power (Holding) Company Ltd.,

          Patna, and for re-fixation and determination of the correct

          amount payable under the Group Saving Scheme, along with

          payment of the balance amount. The petitioner has also sought a

          direction to the respondents to pay the full amount of Provident

          Fund, to fix pension and all terminal dues on the basis of the last

          pay drawn, and to refund all amounts allegedly illegally

          recovered/adjusted        from retiral/terminal dues. A further

          direction has been sought for release of all other dues which

          have been arbitrarily withheld without justification. The

          petitioner has filed a representation dated 09.01.2026 before

          respondent No. 3, namely, the General Manager, HR. D. &

          Administration, Bihar State Power (Holding) Company Ltd.

                      4. Learned counsel for the Bihar State Power
            Patna High Court CWJC No.5721 of 2026(2) dt.18-04-2026
                                                        3/3




                      (Holding) Company Ltd. submits that a perusal of the

                      representation dated 09.01.2026 (Annexure P/12 to the writ

                      petition) reflects that the same is not a detailed representation

                      and does not adequately set out the petitioner’s grievances.

                                  5. In the aforesaid background, the petitioner is

                      directed to file a fresh, comprehensive representation detailing

                      the entire factual matrix of the case before respondent No. 3,

                      namely, the General Manager (F and A) Bihar state Power

                      (Holding) Co. Ltd, Vidhyut Bhawan Patna, along with a copy of

                      this order, within a period of 30 days from today. Upon receipt

                      of the said representation, respondent No. 3 is directed to

                      consider the same and pass a reasoned and speaking order

                      within a period of 90 days from the date of its filing.

                                  6. In the meantime, Office Order No. 11/Muz dated

                      05.12.2025 (Annexure P/7 to the writ petition) shall not be acted

                      upon, if not already acted upon.

                                  7. With the aforesaid observations and directions, the

                      writ petition stands disposed of.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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