Patna High Court
Nilam DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court declined to grant mandamus and ordered the petitioner to file a representation, thereby disposing the petition.
Summary
Nilam Devi, widow of a retired Panchayat Secretary, filed a writ petition seeking a mandamus directing the State to pay arrears of pension (A.C.P) with interest. The State contended that the claim was time‑barred and that no representation had been filed as required. The Court observed that the petition sought mandamus without a prior representation and directed the petitioner to submit a representation within 30 days, after which the respondent must issue a reasoned order within 90 days. No substantive decision on the merit of the pension claim was made. Consequently, the petition was disposed of pending the filing of the representation.
Issues considered
- Whether the petitioner is entitled to a mandamus directing payment of pension arrears with interest.
- Whether the petitioner's claim is barred by limitation.
- Whether a representation must be filed before the Court can entertain a mandamus relief.
Subjects
- mandamus
- pension arrears
- time-barred claim
- representation
- writ petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9728 of 2024
======================================================
Nilam Devi Wife of Late Vinod Prasad @ Vinid Kumar Resident of Village-
Janta Cinema Chowk Ujjain Tola, Police Station- Bettiah Town, District-
West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Director, Panchayati Raj Department, Government of Bihar, Patna.
3. The District Magistrate, West Champaran at Bettiah
4. The District Panchayat Raj Officer, West Champaran at Bettiah.
5. The Accounts Officer (Pay Fixation), West Champaran at Bettiah.
6. The Block Development Officer, Bagaha-2, District-West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bashishtha Narayan Mishra, Advocate
Mr. Brij Kishor Mishra, Advocate
Mr. Sachidanand Rai, Advocate
For the State : Mr. Dr. Md. Raisul Haque (SC-10)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed with the
following relief/s:-
“I. For issuance of a writ in the nature of
mandamus or any other appropriate writ or
writs directing the respondents to pay the
A.C.P amount with interest in favour of the
petitioner, who is wife of late Vinod Prasad,
who died on 29.12.2022 after retirement from
the service on 31.08.2012 from the post of
Panchayat Secretary, Bagaha-2, District- West
Patna High Court CWJC No.9728 of 2024(2) dt.26-02-2026
2/3
Champaran. For any other order/orders,
direction/directions for which the petitioner
will be found entitled in the eye of law.”
3. Learned counsel for the petitioner submits that it is
true that the husband of the petitioner retired from the service on
31.08.2012 and died on 29.12.2022. Counsel submits that the
arrears of his pension and other benefits were received on
26.10.2020.
4. Learned counsel for the State opposes the prayer
made in the writ petition and submits that by virtue of filing this
writ petition, prayer for mandamus has been sought for. But,
there is no representation in the writ petition. He further submits
that the claim of the petitioner is absolutely time barred.
5. In the present facts and circumstances of the case, it
transpires that a prayer for a writ of mandamus has been sought
for by virtue of this writ petition, however, no representation has
been filed by the petitioner. Therefore, the petitioner is hereby
directed to file a representation along with the copy of this order
before the concerned respondent authority within 30 days from
today. Upon receipt of the same, the authority concerned shall
pass a reasoned and speaking order on the petitioner’s
representation within 90 days thereafter.
Patna High Court CWJC No.9728 of 2024(2) dt.26-02-2026
3/3
6. Accordingly, with the aforesaid direction, this writ
petition stands disposed off.
(Dr. Anshuman, J)
Divyansh/-
U
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