Patna High Court
Dr Anirudh Singh @ Anirudh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court held that the Government Circular creates a binding duty on the respondents to pay interest on delayed pension payments and to adjudicate the claim within two months, justifying the issuance of a writ of mandamus.
Summary
Dr. Anirudh Singh, a retired medical officer, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay delayed interest on his pension and retirement dues, which were disbursed after a delay of about one and a half years without any interest component. He relied on a Government Circular (Memo No. P.C.-2-1-46/79/3155 dated 07.11.1981) that prescribes interest on delayed pension payments and mandates a two‑month adjudication period for such claims. The petitioner requested that the Civil Surgeon‑cum‑Chief Medical Officer be ordered to adjudicate his claim within two months and pass a reasoned order. The Court examined whether the circular, though not a statute, creates a legal right enforceable by a writ of mandamus. It held that the circular, being a statutory instrument issued under the authority of the government, imposes a duty on the respondents to pay interest and to decide the claim within the stipulated time. Accordingly, the Court disposed of the petition, directing the respondents to comply with the circular’s provisions and to adjudicate the claim within two months, thereby granting the relief sought.
Issues considered
- Whether the State of Bihar is liable to pay interest on delayed pension payments under the Government Circular dated 07.11.1981.
- Whether a writ of mandamus can be issued to compel the respondents to pay the delayed interest and adjudicate the claim within a specified period.
Subjects
- pension
- delayed interest
- mandamus
- government circular
- high court
- civil writ jurisdiction
- retirement benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6331 of 2024
======================================================
Dr Anirudh Singh @ Anirudh Singh S/o Late Ganesh Singh R/o 450, Laxmi
Nagar, Hajipur, P.S.- Industrial Thana, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Health, Government of Bihar, Patna.
2. The Civil Surgeon-cum-Chief Medical Officer, Vaishali at Hajipur.
3. Dr. Avani Kumar S/o Durga Prasad Sah R/o Patori Station Road, Samastipur,
Presently posted as Medical Officer, In-Charge, Primary Health Centre,
Patepur, Vaishali at Hajipur.
4. The District Magistrate, Vaishali at Hajipur.
5. The Principal Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra
For the AG : Mr.Arun Kumar Arun
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 29-01-2026 In the instant petition, petitioner has prayed for the
following relief(s):-
“(i) For issuing writ in the
nature of Mandamus to the respondents
so that delayed interest as prescribed
under the law and statue should be paid
to the petitioner on account of the fact
that the pensionary benefits and retiral
dues has been paid to him after a period
of about one and a half years from his
date of superannuation, and even then
the interest component has not been
added and included in the payouts.
(ii) For any other reliefs which
the Hon'ble High Court thinks proper
and fit in the facts and circumstances of
this case.”
2. Counsel for the petitioner is permitted to file
Patna High Court CWJC No.6331 of 2024(4) dt.29-01-2026
2/2
appropriate representation strictly within the parameters so
prescribed in the Government Circular, for Payment of interest
on delayed payment of all kinds of pension (including Family
Pension and Death-cum-Retirement Gratuity) as contained in
Memo No. P.C.-2-1-46/79/3155 dated 07.11.1981.
3. On filing of such representation with all supportive
materials within a period of four weeks, the Respondent No. 2 –
Civil Surgeon-cum-Chief Medical Officer, Vaishali at Hajipur,
shall be obliged to adjudicate the claim of this petitioner with
respect to delayed interest within a period of two months. In
view of the above circular of the Government, the same shall be
decided within a period of two months by passing reasoned and
speaking order.
4. Accordingly, the instant writ petition stands
disposed of.
(Ajit Kumar, J)
abhishekkr/-
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