Patna High Court
Sabita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
No pension arrears under the 5th and 6th Pay Revision remain payable, leading to dismissal of the petition.
Summary
Sabita Devi, wife of the late Ram Prasad, filed a writ petition before the Patna High Court seeking payment of pension arrears alleged to be due under the 5th and 6th Pay Revision Commissions. The State of Bihar and the Executive Officer of Nagar Parishad Madhubani opposed, submitting that all dues—including provident fund, gratuity, leave encashment and the said pension arrears—had already been paid to the petitioner on various dates. The petitioner’s counsel could not refute this claim. The Court examined the supplementary counter‑affidavit of the opposite party and found the submission credible. Consequently, the Court held that no outstanding arrears remained and disposed of the application. The petition was therefore dismissed.
Issues considered
- Whether any pension arrears under the 5th and 6th Pay Revision Commissions remain payable to the petitioner
Subjects
- pension
- arrears
- pay revision
- civil writ
- high court
- application disposed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1579 of 2019
In
Civil Writ Jurisdiction Case No.2562 of 2018
======================================================
Sabita Devi Wife of Sri Ram Prasad Ram Resident of Bhouara Ambedkar
Nagar, Ward No. 26, P.O. and P.S. District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar Through Sri Chaitanya Prasad, Son of not Known,
Presently the Principal Secretary, Urban Development and Housing
Department, Government of Bihar, New Secretariat, Patna.
2. The Ashutosh Ranjan Choudhary Son of Not known, the Executive Officer,
Nagar Parishad Madhubani, District- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashutosh Kumar Jha
For the Opposite Party/s : Mr.Subhash Prasad Singh (Ga3)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
7 10-02-2026 Heard learned counsel for the parties.
2. Learned counsel for the Nagar Parishad,
Madhubani, by referring to paragraphs 3 and 4 of the
supplementary counter affidavit filed on behalf of O.P. No.
2, submits that, in terms of the order passed by this Court in
CWJC No. 2562 of 2018, the arrears of pension pursuant to
the 5th and 6th Pay Revisions have already been paid and
that nothing survives for adjudication. The relevant
paragraphs of the supplementary counter affidavit filed on
behalf of O.P. No. 2 are extracted hereinbelow:
"...3. That all the dues related to
provident fund, gratuity, leave encashment,
arrear due to fifth pay revision commission and
arrear dues due to the sixth pay revision
commission had already been paid to the
Patna High Court MJC No.1579 of 2019(7) dt.10-02-2026
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petitioner on different dates.
4. That this way opposite party has
paid all the outstanding dues and arrears due
to the petitioner."
3. At this stage, learned counsel for the petitioner
is not in a position to controvert the aforesaid submission.
4. In view of the aforesaid, this application stands
disposed of.
(Ajit Kumar, J)
shikha/-
U
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