Created by Fuzzy Cloud

Patna High Court

Nilam DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.