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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1112 of 2026

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Bipin Kumar Son of Ram Sewak Rajak, Resident of Bajrangbali Colony,

Phulwari, P.S.- Phulwari, District- Patna, Bihar- 801505.

... ... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government

of Bihar, Patna.

3. The Principal Secretary cum Appellate Authority, Planning and

Development Department, Government of Bihar, Patna.

4. The Public Grievance Redressal Officer Cum- Additional Secretary,

Planning and Development Department, Government of Bihar, Patna.

5. The Under Secretary, Planning and Development Department, Government

of Bihar, Patna.

6. The Accountant General, Government of Bihar, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Anand Ojha, Sr. Advocate

Mr. Ashok Kumar Karna, Advocate

For the Respondent/s : Mr. Standing Counsel (24)

Mr. Sudhanshu Shekhar, AC to SC-24

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR

ORAL ORDER

2 05-02-2026 Heard learned Senior Counsel for the petitioner and

learned counsel for the State.

2. The writ petition has been filed for the following

reliefs :-

(i) Issuance of Writ in the nature of

mandamus to release full pension and gratuity

alongwith all other admitted dues, if any based on

Patna High Court CWJC No.1112 of 2026(2) dt.05-02-2026

2/13

the last pay drawn by the Petitioner at the time of

his retirement applying the provision of the Bihar

Pension Rules for the purpose of correctly deciding

the action of denial of full pension and gratuity.

(ii) Issuance of Writ in the nature of

certiorari for quashing the Memo No. 812-00099

dated 03.10.2024, denying release of gratuity on

the illegal ground of pendency of the Vigilance P.S.

Case No. 27/2018 dated 02.07.2018 (without

charge sheet and without prosecution section)

against the petitioner contrary to the mandate of

Rule-43(b) as with amendments applicable on the

date of retirement of the Petitioner.

(iii) Issuance of Writ in the nature of

certiorari for quashing the Memo No. 812-00014

dated 03.12.2024 denying gratuity and pensionary

benefits on the illegal grounds of pendency of

Vigilance Case No. 27/2018 dated 02.07.2018.

(iv) Issuance of declaration that the order

contained in Memo No. 812-00099 dated

03.10.2024 denying legitimate dues illegally

withheld/retained by the Authorities on account of

pendency of Vigilance Case No. 27/2018 dated

02.07.2018 are illegal, without jurisdiction and the

Petitioner is entitled for suitable interest as held by

this Hon'ble Court and the Hon'ble Supreme Court

in the Lukhnow Development Authority vs. M.C.

Mehta.

(v) Issuance of Writ in the nature of

certiorari for quashing the Memo No. 812-00117

Patna High Court CWJC No.1112 of 2026(2) dt.05-02-2026

3/13

dated 19.03.2025 denying full pension and illegally

justifying the provisional pension despite full

knowledge of no charge sheet and no prosecution

sanction not only on the date of retirement but till

date in the Vigilance Case No. 27/2018 dated

02.07.2018

(vi) Issuance of declaration that the General

Administration Department, Government of Bihar,

and the parent department of the Petitioner had

acted contrary to the provisions of the Bihar

Pension Rules, settled judgment of this Hon'ble

Court clarifying the rights of the pensioner under

similar circumstances and consequentially

committed breach of mandate of the State

Litigation Policy.

(vii) Issuance of Writ in the nature of

certiorari for quashing the Memo No. 812-00018

dated 30.04.2025 whereby and where under the

Appellate Authority, Planning and Development

Department rejected the appeal of the petitioner

against Memo No. 812-00117 dated 19.03.2025

observing that in light of the opinion of the

General Administration Department, Government

of Bihar wherein it has been opined that payment