Baidyanath Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4136 of 2023 ====================================================== Baidyanath Prasad Gupta S/o Late Bilate Prasad Gupta, Resident of Vilalge Kalyanpur Chauk, District-Samastipur.

... ... Petitioner/s

Versus

1.

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

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Department of Home (Special Branch), Bihar through the Secretary, Govt. of Bihar, Patna.

4.

The Secretary, Department of Home (Special Branch), Govt. of Bihar, OLd Secretariat, Patna.

5.

The Advisory Council, J.P. Senani Yagna Department of Home (Special Branch), Govt. of Bihar, Old Secretariat, Patna. 6.

The Director Cum-Secretary, J.P. Senani Yagna Department of Home (Special Branch), Govt. of Bihar, Old Secretariat, Patna. 7.

The Deputy Secretary-cum-Deputy Director (Administration) Cum-Incharge J.P. Koshang Shell, The Department of Home (Special Branch) Govt. of Bihar, Old Secretariat, Patna.

8.

The District Magistrate, Samastipur.

9.

The Superintendent of Police, Samastipur.

10.

Sub Divisional Magistrate, Samastipur.

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

For the Petitioner/s :

Mr.Choudhary Shyam Nandan, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj ( GP- 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-10-2023 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for issuance of a writ /writs, order/orders, direction/ directions, command / commands and further direction to

Patna High Court CWJC No.4136 of 2023(2) dt.09-10-2023 2/3 Respondents no. 3, 4, 5, 6 and 7 to consider the petitioners claim of pension under J.P. Samman Yojna being spent in Jail under J.P.

Movement 1974 from the date of Scheme 12 June 2009 under MISA Ministrant of Internal Secretary ad DIR in Emergency in light of Bihar Govt.

Notification to warrior/participant of Sompurn Kranti i.e. J.P. movement 1974 in tune of increase rate with arrear as spent in Jail of Samastipur Mandal Jail and Chandwara Camp Jail Hazaribagh lastly Darbhanga Jail.

Petitioner further prays for grant of any other relief/reliefs for which petitioner found entitled be also given in the facts and circumstances."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Advisory Council, J.P. Senani Yojna, Department of Home (Special) Branch, Government of Bihar, Patna for taking a final decision with regard to the claim of the petitioner

Patna High Court CWJC No.4136 of 2023(2) dt.09-10-2023 3/3 regarding grant of J.P. Samman Pension. Liberty, so sought, is granted.

3.

It is expected that as and when the petitioner approaches the respondent authority, his case shall be processed expeditiously.

4.

The writ petition stands disposed off on the aforesaid terms.

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