Patna High Court
Shivanand JhaversusThe State of Bihar through the Principal Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court declined to issue a mandamus and instead directed the petitioner to file a fresh representation, after which gratuity benefits should be granted.
Summary
Shivanand Jha, a former employee, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay his gratuity for continuous service from 18 July 2013 to 9 April 2025 under the Payment of Gratuity Act, 1972 (now Sec. 53 of the Social Security Code, 2020) with interest as per Sec. 7(3A). He relied on a prior judgment (C.W.J.C. No. 9050 of 2024, Ishwar Lal Paswan v. BIADA) that ordered similar gratuity payments. The State argued that the matter should be decided through a representation before the Director Panchayati Raj‑cum‑Project Officer. The Court directed the petitioner to file a fresh representation within four weeks, after which the benefits should be extended, and disposed of the writ petition without granting mandamus.
Issues considered
- Whether the petitioner is entitled to gratuity under the Payment of Gratuity Act, 1972 (now Sec. 53 of the Social Security Code, 2020).
- Whether the Court can issue a mandamus directing payment of gratuity directly, or must the matter be resolved through a representation before the concerned authority.
- Applicability of the earlier judgment (Ishwar Lal Paswan v. BIADA) to the present case.
Legislation cited
- Payment of Gratuity Act, 1972 — s. 53, 7(3A)
- Social Security Code, 2020 — s. 53, 56(4)
Subjects
- gratuity
- Payment of Gratuity Act
- Social Security Code 2020
- mandamus
- writ petition
- employee benefits
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5766 of 2026
======================================================
Shivanand Jha Son of Dinanand Jha, Resident of Devta Cottage, Road No. 10
East Mahavir Colony, Beur, Anishabad, Patna - 2, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Panchayati Raj, Government of Bihar, Patna.
2. The Development Commissioner, Government of Bihar, Patna.
3. The Director Panchayati Raj-cum-Project Officer, Bihar Gram Swaraj
Yojana Society, Patna, Government of Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. Government Pleader (18)
Mr. Navnit Kumar, AC to GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
“For issuance of appropriate writ(s)
order(s), Direction(s) preferably in the nature of
mandamus for commanding the respondent
authorities to pay the gratuity to the petitioner
since the petitioner is entitled on account of
continuous service for the period from 18.07.2013
to 09.04.2025 in view of the provision made under
payment of gratuity Act, 1972 (Now Section 53 of
Social Security Code 2020) And for further
commanding the respondent to make payment of
aforesaid amount along with statutory interest
prescribed in Section 7 (3A) of the payment of
Patna High Court CWJC No.5766 of 2026(3) dt.23-04-2026
2/3
gratuity Act 1972 (now section sub-section 4 of
Section 56 of Social Security Code 2020) from the
date of its due till the date of its actual payment.
And for further direction to grant any
other reliefs for which petitioner is found to be
entitled.”
3. Learned counsel for the petitioner submits that the
petitioner’s case is squarely covered by the judgment passed by
this Court in in C.W.J.C. No.9050 of 2024, Ishwar Lal Paswan
v. The Bihar Industrial Area Development Authority (BIADA)
and payment of gratuity has been directed to the employee, who
are similarly placed, therefore, a representation which has been
filed by this petitioner, which is appended with the writ petition
as Annexure-P/3, may be directed to considered and decided by
respondent No.3, The Director Panchayati Raj-cum-Project
Officer, Bihar Gram Swaraj Yojana Society, Patna.
4. On the other hand, learned counsel for the State
submits that appropriate direction may be issued to decide the
representation in reference to the judgment which is proposed to
be placed on record for adjudication of the case.
5. Considering the submission of the parties, the
petitioner is directed to file a fresh representation in continuation of
the earlier representation dated 15.01.2026 with all supportive
materials for consideration of similar treatment at par, within
Patna High Court CWJC No.5766 of 2026(3) dt.23-04-2026
3/3
a period of four weeks and on filing of such representation, all
such benefits shall be extended to him within the same time.
6. Accordingly, the writ petition stands disposed of .
(Ajit Kumar, J)
sharun/-
U
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