Patna High Court

Atul Kumar MishraversusThe State of Bihar

Decided: 4 May 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The Court held that the petitioners must file a fresh representation before the CEO of BRDS and the authority must decide on it within 90 days, after which the writ petition is disposed.

Summary

The petitioners, employees of the Bihar Rural Development Society (BRDS), alleged that their honorarium had been reduced for about eight years due to unlawful deductions towards the Employees Provident Fund (EPF). They claimed the deductions were made without any legal authority and that a representation they filed with the authority remained unanswered. The State argued that the petitioners should be asked to file a fresh representation before the competent authority. The Court directed the petitioners to file a fresh representation before the CEO of BRDS within 30 days and ordered the respondent to decide on that representation within 90 days with a reasoned order. After giving these directions, the Court disposed of the writ petition.

Issues considered

Whether the deductions from the petitioners' honorarium towards EPF were made without legal authority.
Whether the Court can direct the petitioners to file a fresh representation and compel the authority to decide on it.

Subjects

EPF deduction
honorarium reduction
writ petition
representation
administrative law
Bihar Rural Development Society

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6796 of 2026
     ======================================================
1.    Atul Kumar Mishra Son of Shri Dina Nath Mishra, Resident of Dev Nagar,
      Pipra, Manoharpur Kachhuara, P.S.- Gopalpur, Patna- 800030.
2.   Nand Kishor Jha Son of late Nirsan Jha, Resident of Mohalla- New Mithila
     Colony Biscuit Factory Road, Nasriganj, P.S.- Danapur, Patna- 800012.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Chief Secretary, Government of Bihar, Old
     Secretariat, Patna.
2.   The Additional Chief Secretary, General Administrative Department,
     Government of Bihar, Old Secretariat, Patna.
3.   The Additional Chief Secretary, Finance Department, Government of Bihar,
     Old Secretariat, Patna.
4.   The Principal Secretary, Rural Development Department, Government of
     Bihar, Old Secretariat, Patna.
5.   The Chief Executive Officer, Bihar Rural Development Society (BRDS),
     Rural Development Department, Government of Bihar, Old Secretariat,
     Patna.
6.   The Employees Provident Fund Organisation (EPFO), through its Regional
     Provident Fund Commissioner, Bhavishyanidhi Bhawan, R- Block, Patna-
     800001.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :    Mr.Pramod Rajpati, Advocate
     For the State          :    Mr. Sudhanshu Shekhar, AC to SC-24
     For the EPFO           :    Mr. Prashant Sinha, Advocate
                                 Mr. Aniket Rai, Advocate
                                 Mr. Shrish Anurag, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT
      Date : 04-05-2026

                   Heard counsel for the petitioners and learned counsel

      for the State.

                   2. The present writ petition has been filed for the

      following relief/s :-
Patna High Court CWJC No.6796 of 2026 dt.04-05-2026
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                     3. Learned counsel for the petitioners, by referring to

         Annexure P/5, submits that the petitioners are employees of the

         Bihar Rural Development Society and their take-home

         honorarium has been illegally reduced for nearly eight years on

         account of unlawful deductions towards EPF. It is contended

         that such deductions have been made without any authority of

         law and are liable to be set aside. Learned counsel for the

         petitioners urther submits that for redressal of their grievance,

         the petitioners had filed a representation before the authority

         concerned, however, no decision has been taken on the said

         representation till date.

                     4. Learned counsel for the State submits that the

         petitioners may be directed to file a fresh representation before

         the competent authority for redressal of their grievance.

                     5. In the aforesaid background, the petitioners are

         directed to file a fresh representation before respondent No.5,

         namely, the The Chief Executive Officer, Bihar Rural

         Development Society (BRDS), Rural Development Department,

         Government of Bihar, along with a copy of this order, within 30

         days from today. Upon receipt of the representation, the

         respondent no.5, is directed to take a decision on the said
             Patna High Court CWJC No.6796 of 2026 dt.04-05-2026
                                                        3/3




                      representation within 90 days from the date of its filing, with a

                      reasoned and speaking order.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.




                                                  (Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE                NA
Uploading Date          05.05.2026
Transmission Date       NA

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