Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1950 of 2023 ====================================================== Mahendra Singh S/o- Late Baldeo Singh, R/o Village- Pauni Hasanpur, P.S. Vaishali Partap Tanr, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Main Secretariat, Patna. 2.

The Principal Secretary, Deptt. of Social Welfare, Govt. of Bihar, Patna. 3.

The Joint Secretary, Deptt. of Social Welfare, Govt. of Bihar, Patna. 4.

The Director, Integrated Child Development Scheme, Indira Bhawan, 2nd Floor, Boring Canal Road, Patna.

5.

The Commissioner and Secretary, Department of Finance, Govt. of Bihar, Main Secretariat, Patna.

6.

The Accounts General, Bihar, Beer Chand Patel Path, Patna. 7.

The District Magistrate, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Singh, Advocate For the Respondent/s :

Mr.Prashant Pratap (GP-2) For the A.G. Bihar :

Mr. Ram Kinker Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2023 The present writ petition has been filed seeking the following relief:- "1. i. For issuance of appropriate writ in the nature of Mandamus directing the respondent authorities for payment of the pensionary benefit that the petitioner has made a claim to extend the benefit of pension by issuing an order of permanent absorption with effect from the date of his deputation as has been granted to all other similarly situated employees who have been absorbed and regularized in

Patna High Court CWJC No.1950 of 2023(4) dt.11-12-2023 2/3 the service of State of Bihar."

2.

At the outset, the learned counsel for the petitioner has relied on a judgment dated 17.10.2023 passed by the learned Division Bench of this Court in L.P.A. No. 1293 of 2019 (State of Bihar & Ors. vs. Chanarik Baitha & Anr.), to submit that the case of the petitioner is squarely covered by the said judgment, hence the present writ petition be disposed off in terms of the said judgment dated 17.10.2023.

3.

Per contra, the learned counsel appearing for the respondent-State submits that the Additional Chief Secretary, Department of Social Welfare, Government of Bihar, Patna shall definitely take a decision as to whether the case of the petitioner is covered by the aforesaid judgment rendered by the learned Division Bench of this Court in the case of Chanarik Baitha (supra), within a period of four weeks from today and in case his case is covered by the said judgment, similar benefits would definitely be granted to the petitioner. It is directed accordingly.

Patna High Court CWJC No.1950 of 2023(4) dt.11-12-2023 3/3 4.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U