IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11035 of 2026 ====================================================== Bedmayi Devi Wife of Late Balanand Singh, Resident of Village and Post Kukraha, PS Chitra, District Deoghar, PIN 815357. ... ... Petitioner/s Versus 1. The Bihar State Power Transmission Company Limited through its Chairman-cum-Managing Director, Vidyut Bhawan, Patna. 2. The Managing Director, Bihar State Power Transmission Company Limited, Vidyut Bhawan, Bailey Road, Patna. 3. The Additional Secretary, Bihar State Power Transmission Company Limited, Vidyut Bhawan, Bailey Road, Patna. 4. The Electrical Superintending Engineer, Transmission Circle, Biharsharif, Nalanda. 5. The Executive Engineer (Asst.), Transmission Circle Store, Biharsharif, Nalanda. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shekhar Singh, Sr. Advocate Mr. Sumit Kumar, Advocate Mr. Avinash Kumar Singh, Advocate Mr. Hari Om, Advocate Ms. Shambhavi Singh, Advocate For the Respondent/s : Mr. Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 17-08-2026 Heard Mr. Shekhar Singh, learned senior counsel assisted by Mr. Sumit Kumar, learned counsel appearing on behalf of the petitioner and Mr. Vivek Prasad, learned counsel for the respondent/s. 2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which are reproduced hereinafter:- "A. For the issuance of a writ in the nature of Certiorari for quashing Letter No. 30 dated 06.01.2026 Patna High Court CWJC No.11035 of 2026(2) dt.17-08-2026 2/4 issued under the signature of the Under Secretary, Bihar State Power Transmission Company Limited, whereby the claim of the petitioner regarding payment of pension, family pension, and other retiral dues of her late husband has been rejected on erroneous grounds. B. For a direction to the respondent authorities to release the arrears of pension, gratuity, and all other admitted retiral benefits of the petitioner's late husband, who served as an Assistant Store Keeper, along with statutory and penal interest. C. For a direction to the respondent authorities to fix and pay family pension to the petitioner effective from the date of death of her husband, Late Balanand Singh. D. For a direction to the respondent authorities to pay adequate compensation for the delay and hardship caused to the petitioner. E. For any other relief(s) to which the Petitioners are found entitled for." 3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner seeks to quash the Letter No. 30 dated 06.01.2026 issued under the signature of Under Secretary, Bihar State Power Transmission Company Limited, by which, claim of the petitioner for payment of pension, family pension and other retiral dues on account of death of her husband has been rejected. Learned counsel further submitted that the pension is not a bounty rather is the property, as defined under Article 300 A of the Constitution of India. In this regard, learned counsel has placed reliance upon judgment of the Apex Court in cases of D.S. Nakara & Others Vs. Union of India reported in (1983) 1 SCC 305 and State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr., reported in AIR 2013 SC 3383. Patna High Court CWJC No.11035 of 2026(2) dt.17-08-2026 3/4 4. Learned counsel appearing on behalf of the State raised a preliminary objection that the relief(s) as prayed for in the present writ petition is time barred. The husband of the petitioner (original employee) had never raised any grievance about payment of pension after having abandoned the services of the then Electricity Board on 29.04.2004, and, thereafter, he never return back to join his duty. He admits that the husband of the petitioner (original employee) had attained the age of superannuation on 30.04.2004, as such, having abandoned the services, it will be deemed abandoned of pension and other retiral dues disentitling the petitioner to claim such relief, who is the wife of the original employee, at the belated stage. 5. Record reveals that the services of the husband of the petitioner was regularized vide Office Order No. 02 dated 06.02.2024 as would appear from 'Annexure-4 to the writ petition.' 6. Considering the constitutional mandate as enshrined under Article 300(A) of the Constitution of India and the law laid down by the Apex Court in the case of D.S. Nakara (supra) and Jitendra Kumar Srivastava(supra), the Additional Secretary, Bihar State Power Transmission Company Limited, Vidyut Bhawan (respondent no. 3) is directed to take steps to act Patna High Court CWJC No.11035 of 2026(2) dt.17-08-2026 4/4 in accordance with law and he must adhere with the mandate of constitutional provision by sanctioning the family pension, gratuity and arrears of salary along with the statutory interest within a period of three weeks. 7. Accordingly, the Letter No. 30 dated 06.01.2026 issued under the signature of Under Secretary, Bihar State Power Transmission Company Limited is hereby quashed and set aside. 8. The petitioner, if so advised, may file a fresh detailed representation for his claim for retiral dues under different heads before the respondent no. 3, who is directed to dispose of the same expeditiously not beyond the period of three weeks from the date of filing of the representation. 9. In case of failure, the petitioner is at liberty to take appropriate legal action against the respondent concerned. 10. Accordingly, the present writ petition stands disposed of. Niraj/- (Purnendu Singh, J) U