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Patna High Court

Gulbas AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first file a fresh representation and the respondent must pass a reasoned order before any pensionary benefits can be adjudicated, thereby disposing of the writ.

Summary

The petitioner, Gulbas Ansari, retired on 30 June 2025 after attaining the age of 60 and filed a writ petition seeking various pensionary benefits, including salary for June 2025, arrears of dearness allowance, provisional gratuity, unused earned income, correction of a provident fund deduction, group insurance, pension arrears, and benefits of 2nd and 3rd ACP/MACP. He asserted that he had earlier submitted a representation on 25 July 2025 to the Block Development Officer and requested that a fresh representation be filed. The Patna High Court examined the petition and, emphasizing the procedural requirement of a proper representation, directed the petitioner to file a fresh representation within four weeks, annexing the earlier one. The Court further ordered the Block Development Officer (respondent No.9) to consider the representation and issue a reasoned speaking order within six weeks of receipt. In view of these directions, the writ application was disposed of.

Issues considered

  • Whether the petitioner is entitled to the claimed pensionary benefits after retirement.
  • Whether the authorities are required to grant the benefits without a fresh representation from the petitioner.
  • Whether the writ petition should be entertained or dismissed on procedural grounds.

Subjects

  • pension
  • pensionary benefits
  • writ of mandamus
  • representation
  • public service retirement
  • administrative law
  • procedural direction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.957 of 2026
                 ======================================================
                 Gulbas Ansari Son of Late Piru Ansari, Resident of Village- Baratali Kala,
                 P.S.- Chenari, District- Rohtas.

                                                                     ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Panchayati Raj
                 Department, Government of Bihar, Patna.
           2.    The Principal Secretary, Panchayati Raj Department, Government of Bihar,
                 Patna.
           3.    The Office of the Accountant General (A and E), Birchand Patel Path, Patna,
                 Bihar, 800001.
           4.    The District Magistrate, Rohtas at Sasaram.
           5.    The District Panchayati Raj Officer, Sasaram, Rohtas.
           6.    The District Provident Fund Officer, Sasaram, Rohtas.
           7.    The District Treasury Officer, Sasaram, Rohtas.
           8.    The Sub-divisional Officer, Bikramganj, Rohtas.
           9.    The Block Development Officer, Suryapura, Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Babu Nandan Prasad, Advocate
                 For the Respondent/s   :        Mr. Standing Counsel (22)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   03-02-2026                 Heard learned counsel for the parties.

                               2. The petitioner has filed this writ application for

                   following reliefs:-

                                                      “(I)     To      issue        writ/writs,
                                            order/orders, direction /directions including
                                            a writ in the nature of mandamus upon the
                                            Respondents to grant the Pensionary benefit
                                            i.e. (1) salary of month-June, 2025, (2) Dues
                                            of arrear of D.A. (3) Provisional gratuity
                                            amount Rs.1427705/- (Fourteen Lacs twenty
Patna High Court CWJC No.957 of 2026(2) dt.03-02-2026
                                            2/3




                                  seven thousand seven hundred five) (4)
                                  Equivalent amount of unused earned income
                                  Rs.936200/- (5) Deduction of last clearance
                                  authority letter no.RoH/2025/FP/359 dated
                                  17.6.2025 amount Rs.1430261/-(Fourteen
                                  lacs thirty thousand two hundred sixty one)
                                  in     Provident      fund    account     number
                                  ROH/RDD/1251 (6)) Amount of group
                                  insurance (7) arrear of Pension amount and
                                  (8) Benefit of 2nd and 3rd ACP/MACP also,
                                  as the petitioner has retired on 30.06.2025
                                  after completing of 60 years of his age and
                                  he has also given information to the office of
                                  Block      Development       Officer,   Suryapura
                                  regarding his overall charge.
                                               (II) For any other relief/reliefs to
                                  which the petitioner is entitled in the facts
                                  and circumstances of the case.”
                      3. At the very outset, it is submitted by the learned

          counsel for the petitioner that he has filed representation dated

          25.07.2025 before the Block Development Officer, Suryapura,

          Rohtas and he prays for filing fresh representation annexing his

          previous representation.

                      4. In the interest of justice, let the petitioner file a

          fresh representation within four weeks from today annexing his

          previous representation as contained in Annexure-6 dated

          25.07.2025. It is directed that respondent no.9, Block
           Patna High Court CWJC No.957 of 2026(2) dt.03-02-2026
                                                       3/3




                     Development          Suryapura,         Rohtas   shall   consider   the

                     representation of the petitioner and pass a reasoned and

                     speaking order in accordance with law within a period of six

                     weeks from the date of receipt of the representation of the

                     petitioner. The respondent no.9 after passing a reasoned and

                     speaking order will communicate the same to the petitioner.

                                 5. Accordingly, this writ application stands disposed

                     of in the aforesaid terms.



                                               (Praveen Kumar, J)
shivam/-

U


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