Patna High Court
Renu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANJAN KUMAR JHA
Holding
The Court held that the Additional Chief Secretary, Industry Department, must consider the pending representation and pass a reasoned order within eight weeks, after affording a hearing to the petitioner.
Summary
Renu Devi filed a writ petition seeking conversion of her deceased husband’s pension from the New Pension Scheme (NPS) to the Old Pension Scheme (OPS) and the release of family pension and arrears. She alleged that a representation dated 30‑05‑2025 submitted to the Additional Chief Secretary, Industry Department, had been pending without any decision. The petition also prayed for a mandamus directing the authorities to grant the conversion and pay consequential benefits. The High Court, without examining the merits, directed the Additional Chief Secretary to consider the representation and issue a reasoned order after hearing the petitioner within eight weeks. The Court emphasized the duty of the administration to act on pending representations and to provide an opportunity of hearing. Consequently, the writ petition was disposed of after the direction was issued.
Issues considered
- Whether the respondents are obligated to consider and dispose of the representation seeking conversion of pension from NPS to OPS.
- Whether a writ of mandamus can be issued directing the conversion and payment of pensionary benefits.
Subjects
- pension conversion
- New Pension Scheme
- Old Pension Scheme
- mandamus
- writ petition
- administrative delay
- family pension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 8373 of 2026
======================================================
Renu Devi W/o- Late Bidyanand Prasad, Resident of Village Jamuniya, P.O.-
Salehpur, P.S.-Bishambharpur, District- Gopalganj, Bihar-841501. Present
Address- Indrapuri, Road No.7C, House No.01A, Post-Kesharinagar, P.S. -
Patliputra, Patna-800024.
... ... Petitioner/s
Versus
1. The State of Bihar through The Chief Secretary, Government of Bihar,
Patna.
2. The Secretary, Industry Department, Vikas Bhawan, New Secretariat,
Government of Bihar.
3. The Additional Chief Secretary, Industry Department, Vikas Bhawan, New
Secretariat, Government of Bihar.
4. The Director, Directorate of Technical Development, Industry Department,
Vikas Bhawan, New Secretariat, Bihar, Patna. Presently The Director,
Micro, Small and Medium Enterprises (M.S.M.E), Industry Department,
Government of Bihar, Vikas Bhawan, New Secretariat, Bihar, Patna.
5. The Assistant Director, Quality Control, Technical Development, Patna
Division, Vikas Bhawan, Secretariat, New Patna. Presently The Assistant
Director, M.S.M.E, Vikas Bhawan, New Secretariat, Patna.
6. The Secretary (Expenditure), Department of Finance, Old Secretariat, Patna,
Bihar.
7. The Secretary (Resource), Department of Finance, Old Secretariat, Patna,
Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : M/s Naveen Kr Pd, Shambhavi Priya, Advocates
For the Respondent/s : Mr. Government Pleader (2)
======================================================
CORAM: HONOURABLE MR JUSTICE RANJAN KUMAR JHA
ORAL ORDER
2 22-06-2026 For the following reliefs, this writ petition has been
filed:
“i. For issuance of an appropriate
writ/writs, order/orders or direction/directions
commanding the respondents to consider and
dispose of the representation/application dated
30.05.2025 submitted by the petitioner before the
Additional Chief Secretary, Industries
Patna High Court CWJC No.8373 of 2026(2) dt.22-06-2026
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Department, Government of Bihar, requesting
forwarding and consideration of the proposal
relating to conversion of her deceased husband
from the New Pension Scheme (NPS) to the Old
Pension Scheme (OPS), which proposal had
earlier been forwarded through proper channel
vide Letter No 55 dated 06.01.2024, but no
action has been taken thereupon till date despite
lapse of considerable time.
ii. For issuance of an appropriate
writ/writs, order/orders or direction/directions
commanding the respondents to forthwith
consider and dispose of the proposal relating to
conversion from New Pension Scheme (NPS) to
Old Pension Scheme (OPS), which was duly
forwarded through proper channel by the
Assistant Director of Industries, Quality Control,
Patna Division, Patna vide Letter No 55 dated
01.01.2024 in compliance of Resolution No V
(27) 48/2020 (Page No – 1206) dated 28.11.2023
issued under the signature of the Secretary
(Resource), Finance Department, and which still
remains pending before the competent
authorities without any lawful decision till date.
iii. For issuance of an appropriate
writ/writs, order/orders or direction/directions,
particularly in the nature of Mandamus,
commanding the respondents to consider and
grant conversion of petitioner’s husband late
Bidyanand Prasad from the New Pension
Scheme (NPS) to the Old Pension Scheme
(OPS), in view of the fact that the recruitment
process pursuant to Advertisement No VUS 17-
20/2003 had commenced prior to 01.01.2004 and
the delay in joining service occurred solely due
to judicial proceedings/litigation and not
attributable to the deceased employee.
iv. For issuance of an appropriate
writ/writs, order/orders or direction/directions
commanding the respondents to sanction and
release family pension and all consequential
Patna High Court CWJC No.8373 of 2026(2) dt.22-06-2026
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pensionary/retiral benefits in favour of the
petitioner under the Old Pension Scheme,
treating late Bidyanand Prasad to be covered
under OPS from the inception of his service.
v. For issuance of an appropriate
writ/writs, order/orders or direction/directions
directing the respondents to pay all
consequential monetary benefits including
arrears of pensionary dues along with
statutory/appropriate interest for the unjustified
and prolonged delay caused in consideration of
the lawful claim o the petitioner and her
deceased husband.
vi. For grant of any other relief or
reliefs to which the petitioner may be found
entitled in the facts and circumstances of the
present case and for securing the ends of
justice.”
2 The first prayer in the writ petition is to dispose of
the representation filed by the petitioner before the Additional
Chief Secretary, Department of Industries, Government of Bihar
on 30.05.2025 which is still pending with the respondents.
3 Without going into the merit of the case, this Court
directs the Additional Chief Secretary, Department of Industries,
Government of Bihar to consider the representation dated
30.05.2025 (Annexure P/10) and pass a reasoned order after
affording an opportunity of hearing to the petitioner or her
counsel within eight weeks from the date of receipt/production
of a copy of this order.
4 With the aforesaid observation and direction, this
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writ petition stands disposed of.
(Ranjan Kumar Jha, J)
M.E.H./-
U
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