Patna High Court
Kaushaliya MestaraniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The writ petition is disposed of as the grievance has been redressed and no rejoinder was filed.
Summary
Kaushaliya Mestarani, retired on 31‑12‑2013, filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay her full provident fund amount with interest as per the 5th and 6th Pay Revision. No counsel appeared for the petitioner. The State counsel submitted that the grievance had already been redressed and that no rejoinder was filed by the petitioner despite service of the counter‑affidavit. Relying on this submission, the Court noted that the petition was effectively moot. Consequently, the writ petition was disposed of without granting any relief. The order reflects the Court’s view that the matter was already settled and no further adjudication was required.
Issues considered
- What is the appropriate remedy when a petitioner seeks a mandamus for payment of retirement benefits that have allegedly been settled?
Subjects
- mandamus
- retirement benefits
- provident fund
- writ petition
- civil writ jurisdiction
- state government
- disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.904 of 2024
======================================================
Kaushaliya Mestarani Wife of Yogendra Ram Resident of Village-Belisaray,
Motihari (East Champaran)
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Urban Department
Government of Bihar, Patna.
2. The Additional Chief Secretary, Finance Department, Government of Bihar,
Patna.
3. The Secretary, Urban Development and Housing Department, Government
of Bihar, Patna.
4. The Deputy Secretary Cum Director, Urban Development and Housing
Department, Government of Bihar, Patna.
5. The District Magistrate, Motihari.
6. The Executive Officer, Nagar Parishad, Now Became Nagar Nigam,
Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Dr.Md.Rashid Haque, SC 10
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 05-02-2026 None appears for the petitioner.
2. In the instant petition, petitioner has prayed for the
following relief(s):-
“ That this is an application for
issuance of a Writ in the nature of
mandamus directing and commanding the
respondent authorities to pay retirement
benefit i.e. full provident fund amounts
with interest according to 5th & 6th Pay
Revision and paid the difference of due
amounts to the petitioner although
petitioner was retired on 31/12/2013
and/or pass appropriate order or orders as
deem fit and proper.”
Patna High Court CWJC No.904 of 2024(3) dt.05-02-2026
2/2
3. Counsel for the State by referring to the statement
made in Para 5 of the counter affidavit filed on behalf of the
Respondent No. 6 – Executive Officer, Nagar Parishad,
Motihari, and documents appended with the counter affidavit as
Annexure-R/6-A & R/6-B, submits that the entire grievance
have been redressed and there is not rejoinder filed on behalf of
the petitioner despite such counter affidavit having been served
on 21.09.2024.
4. Taking note of submission made by the counsel
representing Nagar Nigam, Motihari, accordingly, the instant
writ petition stands disposed of.
(Ajit Kumar, J)
abhishekkr/-
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