Anjani Kumar Jalpuriyar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Anjani Kumar Jalpuriyar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition stands disposed of; respondents-Corporation (Executive Officer / competent Municipal Corporation authorities) to examine the petitioner's case against the orders in C.W.J.C. No.10632 of 2019 and C.W.J.C. No. 10633 of 2019 and, if found similar, pass the necessary final order on retiral dues within eight weeks of submission of a representation with a copy of this order, indicating therein any amounts already released; no immediate payment adjudicated by this Court.

Issue for consideration

Whether the petitioner, a Junior Engineer of Nagar Parishad Samastipur / present Municipal Corporation, Samastipur, ordered to be retired with effect from 31/10/2018, is entitled to payment of all retiral benefits (provident fund, gratuity, leave encashment, GIC etc.), with pay and pension fixed per the revised fifth and sixth pay scales, arrears of revised salary and pension, with interest and calculation chart. +1 more

Court's answer

The Court disposed of the writ petition on the Corporation counsel's undertaking to examine the petitioner's case together with the orders in C.W.J.C. No.10632 of 2019 (Ram Sevak Paswan) and C.W.J.C. No. 10633 of 2019 (Lalan Prasad Singh) and, if the petitioner's case is found similar, to pass necessary order within a period of eight weeks from the date of submission of a representation accompanied by a copy of this order.

Ratio / Principle

Amounts under different heads already released during pendency of the writ petition must be indicated in the final order, which is expected to be passed by the Executive Officer or other legally competent authorities of the Municipal Corporation by referring to supportive materials regarding the amounts settled in favour of the petitioner.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Ajit Kumar, J.) — Civil Writ Jurisdiction Case No.4198 of 2025, oral order dated 22-01-2026. Petitioner Anjani Kumar Jalpuriyar, a Junior Engineer under Nagar Parishad Samastipur (now Municipal Corporation, Samastipur), ordered to be retired with effect from 31/10/2018, sought mandamus for payment of all retiral benefits — provident fund, gratuity, leave encashment, GIC etc. — with pay and pension fixed in light of the revised fifth and sixth pay scales, arrears of revised salary and pension, with interest and calculation chart. The Corporation represented that its records are missing, hence pensionary benefits had not been released and no final order had been passed. Counsel for the petitioner relied on certain orders of a co-ordinate Bench of this Court in which, on a similar stand by the Corporation, respondents had been directed to pay retiral dues at 9% per annum from date of retirement till actual payment, and asked for like disposal. The Court disposed of the petition recording the Corporation counsel's undertaking to examine the petitioner's case along with the orders in C.W.J.C. No.10632 of 2019 (Ram Sevak Paswan) and C.W.J.C. No. 10633 of 2019 (Lalan Prasad Singh) and, if the case is found similar, to pass necessary order within eight weeks from submission of a representation with a copy of this order; any amounts already released under different heads were to be indicated in that final order by the Executive Officer or other legally competent Municipal Corporation authorities, with reference to supportive materials. No statute was cited in the judgment.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4198 of 2025

======================================================

Anjani Kumar Jalpuriyar S/o Chandra Shekhar Prasad Krishnapuri West,Mansapur, P.S.- Samastipur, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar through the Principal Secretary Cum Commissioner, Urban Development and Housing Department, Government of Bihar, Patna.

The Municipal Commissioner, Samastipur Minicipal Corporation, Samastipur.

The Standing Committee through the Chairman, Minicipal Corporation, Samastipur.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Vikash Kumar Jha For the Respondent/s : Mr.Government Pleader (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

3 22-01-2026

Heard learned counsel for the petitioner as well as

learned counsel representing the Corporation as well as the State.

2. The petitioner has filed this writ petition with the following relief(s):-

“(i) For issuance of a writ in the nature of writ of mandamus directing and commanding the respondents authorities to make payment of all retiral benefits of the petitioner payable to him under different heads like as provident fund, gratuity, leave encashment, GIC etc. after fixing the pay and pension accordingly in the light of revised fifth and sixth pay scale including the arrears amount of revised salary and pension with interest and calculation chart as the petitioner has been ordered to be retired

Patna High Court CWJC No.4198 of 2025(3) dt.22-01-2026 2/3

with effect from 31/10/2018, as a Junior Engineer, from the service of Nagar Parishad Samastipur at Present Municipal Corporation, Samastipur.

(ii) For issuance of any other consequential writ / order/direction to the respondents for which the petitioner is found to be entitled to under the facts and circumstances of the case.”

3. Learned counsel representing the Corporation submits that the records are missing and, therefore, pensionary benefits have not been released in favour of this petitioner and the final order has not been passed.

4. At this stage, learned counsel for the petitioner relied on certain orders passed by a co-ordinate Bench of this Court, wherein similar stand was taken by the Corporation and the Court was pleased to pass order directing the respondents to pay the retiral dues at the rate of 9% per annum from the date of retirement till the date of actual payment. He further submits that this writ petition may also be disposed of in light of the aforesaid orders.

5. Learned counsel for the respondents-Corporation submits that he would examine the case of the petitioner along with the orders of C.W.J.C. No.10632 of 2019 as well as C.W.J.C. No. 10633 of 2019 passed in the case of Ram Sevak Paswan and Lalan Prasad Singh, respectively, and if his case is

Patna High Court CWJC No.4198 of 2025(3) dt.22-01-2026 3/3

found similar to that of those writ petitioners, necessary order shall be passed within a period of eight weeks from the date of submission of a representation with a copy of this order.

6. Needless to say that during pendency of the writ petition, if certain amounts under different heads have already been released then such amount shall be indicated in the final order, which is expected to be passed by the Executive Officer or by the authorities of the Municipal Corporation, competent in law by referring to the supportive materials, with respect to the amounts settled in favour to the petitioner in question.

7. Accordingly, the instant writ petition stands

disposed of.

(Ajit Kumar, J)

abhishekkr/-

U