Patna High Court
Sanjay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The writ petition is disposed of, with the petitioner directed to file a representation before the Collector‑cum‑District Magistrate within four weeks.
Summary
The petitioner, Sanjay Kumar Yadav, filed a writ petition seeking payment of death‑cum‑retirement benefits, ACP gratuity and arrears due to his father, a retired Panchayat Sachiv who died in 2018. He claimed that despite filing a representation, the authorities had not settled the dues. The State argued that the representation should be decided by the Collector‑cum‑District Magistrate with a timeline. The Court directed the petitioner to file a fresh representation before the Collector within four weeks, attaching the Court's order and supporting documents. After filing, the representation would be adjudicated and the petitioner informed of the decision. Consequently, the writ petition was disposed of.
Issues considered
- What relief, if any, can the High Court grant in a writ petition seeking payment of death‑cum‑retirement benefits and gratuity where the administrative representation remains pending?
Subjects
- writ petition
- death-cum-retirement benefit
- ACP gratuity
- arrears
- Panchayat Sachiv
- administrative representation
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6316 of 2026
======================================================
Sanjay Kumar Yadav Son of Late Chandrika Prasad, Resident of Village-
Sareya, Ward No. 06, Block Colony, P.S. and District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Department of
Panchayati Raj, Govt. of Bihar, Patna.
2. The Director, Panchayati Raj, Govt. of Bihar, Patna.
3. The Collector- Cum- District Magistrate, Gopalganj.
4. The District Panchayati Raj Officer, Gopalganj.
5. The Block Development Officer, Block- Kateya, Distt-Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhramveer, Advocate
Ms. Puja Kumari, Advocate
For the Respondent/s : Mr. Standing Counsel (20)
Mr. Mahendra Prasad Verma, AC to SC-20
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
“That this instant Writ application is being
filed on behalf of the petitioner in the nature of
Writ/writs, Order Orders, Direction/ Directions
upon the Respondents to make payment of Death-
Cum-retiral benefit as the A.C.P. Gratuity and
Arribar of the father of the petitioner namely Late
Chandrika Prasad, Retired Panchayat Sachiv who
died on 22.01.2018 in harness.
Patna High Court CWJC No.6316 of 2026(2) dt.30-04-2026
2/3
3. It is the case of the petitioner that the father of the
petitioner, namely, Late Chandrika Prasad, while working as
Panchayat Sachiv since 25.09.1982, retired from service on
31.10.2016 and due to illness died on 22.01.2018. It has further
been submitted that after the death of his father, his mother was
extended the benefits of family pension, who is also said to have
died on 14.07.2021 and there are certain dues which is still
unpaid to the deceased employee with regard to benefits under
ACP, gratuity and arrear, for which a representation has been
filed but for no prudent reason, the same is still pending and
consequently, the petitioner is forced to file a writ petition
before this Hon’ble Court.
4. On the other hand, learned counsel for the State
submits that representation so filed by the petitioner may be
directed to be decided by the Collector-cum-District Magistrate,
Gopalganj (respondent No.3) by framing a timeline.
5. Considering the aforesaid, the petitioner is directed
to file a representation before the Collector-cum-District
Magistrate, Gopalganj, within a period of four weeks with all
supportive materials and a copy of order passed by this Court
and on filing of representation, the same shall be decided and
necessary communication shall be made to the petitioner with
Patna High Court CWJC No.6316 of 2026(2) dt.30-04-2026
3/3
regard to adjudication made with respect to the claim of the
petitioner.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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