Ram Adhar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3582 of 2023 ====================================================== Ram Adhar Rai S/o Late Suraj Rai, Resident Of Village and P.O. Jitwari P.S. Kalyanpur, Via- 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 Homes (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 Homes (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 State :

Mr.P.K. Verma ( Aag 3 ) Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-10-2023 1.

The present writ petition has been filed seeking the following relief:- "That this writ application is being filed for issuance of a writ/writs, order/orders, direction/ directions, command/commands and further direction to Respondent no.3, 4, 5, 6 and 7 to

Patna High Court CWJC No.3582 of 2023(2) dt.03-10-2023 2/3 consider the claim of petitioner for J.P. Samman Yojna as pensioner, as participant of J.P. Movement 1974 and entitled for pension since the day of scheme i.e. 12 June 2009 as petitioner served in Jail from 5.10.1974 to 22.7.1977 at Samastipur Mandal Jail, transferred to Chandwara Camp Jail Hazaribag lastly at Darbhanga Jail under MISA 34/69 DIR and 7 Criminal Amendment Act.

Petitioner further prays for grant the benefit i.e. month to month financial Assistance as given other J.P. Senani since June 2009 as per scheme to uptill now and continued in future."

2.

At the outset, the learned counsel for the petitioner submits by referring to Annexure-8 to the present writ petition that the case of the petitioner has already been recommended by the Advisory Council, J. P. Senani Yojana, Department of Home (Special Branch), Government of Bihar, Patna for grant of J.P. Senani Pension under the J.P. Samman Yojana, however, the respondents are sitting tight over the matter, hence they be directed to grant J.P. Senani Pension to the petitioner.

3.

Having regard to the limited prayer made by the learned counsel for the petitioner, I deem it fit and proper to grant liberty to the petitioner to approach the respondent no.3, i.e. the Secretary, Department of Home (Special Branch),

Patna High Court CWJC No.3582 of 2023(2) dt.03-10-2023 3/3 Government of Bihar, Patna for redressal of his aforesaid grievances and in case appropriate representation is filed, within a period of four weeks from today, the same shall be considered by the respondent no.3, in accordance with law and disposed off by a reasoned and a speaking order, within a period of six weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U