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Patna High Court

Kaushaliya MestaraniversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


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