Sometimes a government office stops a person's salary, or a retired person does not get pension, gratuity or other dues, and nobody gives a clear answer. This guide explains, in very simple words, what you can do and how the Patna High Court can help.
First, learn these words
- Salary: the money paid every month for doing a job.
- Pension: the money paid every month after retirement.
- Department: the government office you work or worked for.
- Representation: a written letter to the department asking it to pay or to decide your claim.
- Writ petition: a case filed in the High Court asking it to order a government office to do its legal duty.
- Article 226: the part of the Constitution of India that gives the High Court the power to issue such orders, called writs.
Why the High Court?
Article 226 of the Constitution of India gives every High Court the power to issue directions, orders or writs to any person or authority, including the Government, within its area. So if a department in Bihar is not paying what the law says it must pay, a writ petition can be filed in the Patna High Court. To learn more about writs, read our writ petition guide.
6 easy steps
- Write to the department first. Write a clear letter: who you are, what is stopped, since when, and what you want. Give it in the office and take a received copy with date and stamp, or send it by registered post.
- Keep the papers. Appointment letter, last pay slip, pension or retirement order, bank statement showing when payment stopped, and every letter you sent or received.
- Wait a reasonable time and remind. If there is no reply, send one reminder and keep its proof too.
- Meet an advocate with the papers. The advocate checks whether a writ is the right step, or whether another forum must be approached first.
- Filing the writ. The petition tells the court the facts, attaches the papers, and asks the court to direct the department to decide the claim or to pay.
- Follow the case online. The case status, dates and orders can be seen on the Patna High Court website.
An example
This is an imaginary example to explain the steps; it is not a real case.
Ramesh retired from a government school in Bihar. Six months passed, but his pension did not start.
- He wrote a letter to the office, attached his retirement order, and took a received copy.
- After two months with no answer, he sent a reminder by registered post.
- Still no answer. He met an advocate with all the papers.
- A writ petition was filed in the Patna High Court asking the court to direct the department to decide his pension claim.
- Ramesh followed the dates on the Patna High Court website.
Every case is different. The court decides on the facts and the papers, so no result can be promised.
Papers to keep ready
- Appointment letter and service book details, if available
- Last pay slip or pension payment order
- Retirement order, for pension cases
- Bank statement showing when payment stopped
- Copies of every letter, with received stamp or postal receipt
- Any order of the department stopping or reducing payment
Frequently asked questions
What is a writ petition in simple words?
It is a case in the High Court asking the court to order a government office to do what the law requires it to do.
Which law gives the High Court this power?
Article 226 of the Constitution of India.
Should I write to the department before going to court?
Yes. A written representation with proof of delivery shows the court that you asked the department first and it did not act.
Do I have to come to Patna?
Usually the papers can be sent to the advocate. You may be contacted for instructions and to sign the affidavit.
How long will it take?
It depends on the court's listing and the facts. No fixed time can be given.
This article is general information in simple words and is not legal advice or solicitation, in accordance with the rules of the Bar Council of India. Each case depends on its facts; consult an advocate about your matter.
Related on this site: Writ petition in the Patna High Court · Civil Litigation · Patna High Court guide
Official sources (links checked 8 November 2026): Constitution of India (Legislative Department) · Patna High Court
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