Patna High Court
Binod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
Annexure‑P/8 is a mere correspondence and not an order, thus it cannot be challenged before the Court.
Summary
A group of petitioners filed a writ petition in the Patna High Court seeking to set aside a letter dated 18‑10‑2024 that rejected their applications for benefits under the Old Pension Scheme and to compel the State of Bihar to adopt Office Memorandum No. 57/05/2021‑P & PW (B) dated 03‑03‑2023. They also prayed for a mandamus directing the government to credit their contributions to the General Provident Fund accounts. The State argued that the letter was merely a communication and not an order, and that the petitioners had not made any representation for the memorandum’s implementation. The Court held that the letter is a correspondence, not an administrative order, and therefore is not amenable to judicial review. Consequently, the petitioners were directed to file a representation through the proper channels before seeking any further relief. The writ petition was consequently disposed of.
Issues considered
- Whether the communication dated 18‑10‑2024 constitutes an order that can be challenged before the High Court.
- Whether a writ of mandamus can be issued to compel the State to adopt Office Memorandum No. 57/05/2021‑P & PW (B).
- Whether the petitioners have standing to seek relief without having first made a representation to the State.
Subjects
- Old Pension Scheme
- New Contributory Pension Scheme
- Mandamus
- Administrative correspondence
- Judicial review
- Office Memorandum
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6613 of 2026
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1. Binod Kumar Son of Bhawani Prasad Sinha, Residing At- Flat No.- 503,
Kedar Palace Society, Near Milian Marriage Garden, P.O.- Karorichak, P.S.-
Phulwari Sharif, District- Patna, Pin- 801505 (Bihar) Permanent Address-
C/O Bimla Sinha, Village- Srichand Nawada, P.O. and P.S.- Jamui, District-
Jamui, Pin- 811307 (Bihar).
2. Sanjay Kumar Vyas, Son of Late Anandi Singh Yadav, Residing At- Anand
Vihar Colony, East Of Bairiya, P.O.- Bairiya, P.S.- Gopalpur, District- Patna,
Pin- 800007 (Bihar) Permanent Address- Behind Hotel Gulmarg,
Quamruddinganj, P.O.- Bihar Sharif, P.S.- Laheri, District- Nalanda, Pin-
803101 (Bihar).
3. Amit Kumar, Son of Sri Manohar Lal, Residing At and Permanent Address-
Mittan Ghat, Gurhatta, P.O.- Jhauganj (Patna City), P.S.- Khajekalan,
District- Patna, Pin- 800008 (Bihar).
4. Pankaj Kumar, Son of Late Parmanand Prasad Sinha, Residing At and
Permanent Address- Parmarth, Mithila Colony, Digha, P.O.- Bataganj, P.S.-
Nasriganj, District- Patna, Pin - 800018 (Bihar).
5. Sunil Kumar, Son of Late Bishram Bhagat, Residing At- Block No. C-II,
Flat no. 202, High Court Residential Complex, Budh Marg, P.O.- G.P.O.,
P.S.- Kotwali, District- Patna, Pin- 800001 (Bihar) Permanent Address-
Adarsh Colony, West Patel Nagar, P.O.- Keshri Nagar, P.S.- Shastri Nagar,
District- Patna, Pin- 800024 (Bihar).
6. Umesh Kumar Chaudhary, Son of Late Ram Chandra Chaudhary, Residing
At- Bank Colony, Mithapur, Near Aryabhatt University, Indira Nagar, P.O.-
G.P.O., P.S.-Jakkanpur, District- Patna, Pin- 800001(Bihar) Permanent
Address- Mohalla Sahokhar, P.O. and P.S.- Sohsarai, District- Nalanda, Pin-
803118 (Bihar).
7. Sebastian Bhasker, Son of Late Satya Prakash, Residing At and Permanent
Address- Banskothi, Gate No. 94, In Front Of Devi Mandir, P.O.- Digha,
P.S.- Digha, District- Patna, Pin- 800011 (Bihar).
8. Awadhesh Kumar, Son of Sri Birju Prasad, Residing At- Gyatri Nagar, P.O.-
G.P.O., P.S.- Bishunpur Pakri, 70 Feet Road, Patna, Pin-800002(Bihar)
Permanent Address- Village- Ugawan, P.O.- Ugawan, P.S.- Asthawan,
District- Nalanda, Pin- 811103 (Bihar).
9. Amit Kumar Gupta, Son of Sri Brij Mohan Prasad Gupta, Residing At-
Block No. 16, Flat No.- 02, High Court Residential Complex, Budh Marg,
P.O.- G.P.O., P.S.- Kotwali, District- Patna, Pin- 800001 (Bihar) Permanent
Address- 503, Laxmi Niwas Apartment, Jagat Narayan Road, P.O. and P.S.-
Kadamkuan, District- Patna, Pin- 800003 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, General
Administration Department, Government of Bihar, Patna
2. The Additional Chief Secretary, General Administration Department,
Patna High Court CWJC No.6613 of 2026(2) dt.30-04-2026
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Government of Bihar, Patna.
3. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
4. The Law Secretary-cum-Legal Remembrancer, Law (Judicial) Department,
Government of Bihar, Patna.
5. The Hon’ble High Court of Judicature at Patna through the learned Registrar
General, Patna High Court, Patna.
6. The Learned Registrar General, Hon’ble Patna High Court, Patna.
7. The Learned Registrar (Establishment), Hon’ble Patna High Court, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the State : Mr. Raghwanand (GA-11)
For the PHC : Ms. Surya Nilambari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the Patna High
Court.
2. The present writ petition has been filed for the
following relief/s:-
“I. For setting aside the communication
contained in Letter No. 6615/(J) dated-
18.10.2024 through which the applications of
the petitioners for rendering the benefit of Old
Pension Scheme to the Petitioners as they are
not governed by the provisions of New
Contributory Pension Scheme introduced on
01.09.2005 were rejected stating therein that
the State Government has not adopted Office
Memorandum No. 57/05/2021-P & PW (B)
dated- 03.03.2023.
Patna High Court CWJC No.6613 of 2026(2) dt.30-04-2026
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II. For issuance of a writ in the nature of
Mandamus or any other appropriate writ for
commanding the respondent authorities to
adopt Office Memorandum No. 57/05/2021- P
& PW (B) dated- 03.03.2023 and provide
benefit of Old Pension Scheme to the
petitioners and also direct the authorities to
get the contributions of petitioners in New
Contributory Pension Scheme credited to their
G.P.F. Accounts.
III. And/or for any other relief or reliefs to
which the petitioners may be found entitled to
in course of hearing of this writ application.”
3. Learned counsel for the petitioners submit that the
order contained in Letter No. 6615/(J) dated- 18.10.2024
(annexed as Annexure-P/8) has to be quashed and further prayer
has been made for issuance of writ of mandamus directing the
respondent authorities to adopt the Office Memorandum No.
57/05/2021- P & PW (B) dated- 03.03.2023 (annexed as
Annexure-P/4).
4. Learned counsel appearing for the Patna High
Court submits that the decision of the government has been
communicated to the petitioners by virtue of Annexure-P/8.
Counsel submits that Annexure-P/8 is basically not an order,
rather, it is a correspondence in which the State Government has
Patna High Court CWJC No.6613 of 2026(2) dt.30-04-2026
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taken a decision that since, the said office memorandum which
the petitioners seeks to implement through State Government
has not been adopted by the State Government. Therefore,
counsel submits that such correspondence cannot be challenged.
5. Learned counsel for the State submits that the
request of the petitioners for mandamus has been made, but for
implementation of the said office memorandum, till date,
petitioners have not made any representation.
6. In this view of the matter, this Court is of the view
that Annexure-P/8 is basically a correspondence and it cannot be
challenged before this Court. Liberty is granted to the
petitioners that they may file representation before the State
Government through proper channel for implementation of the
said office memorandum which has not been adopted by the
State Government.
7. As such, this writ petition stands disposed off with
the aforesaid liberty.
(Dr. Anshuman, J)
Divyansh/-
U
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