Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3502 of 2022 ====================================================== 1.

Binod Kumar Son of Moti Lal Yadav, Resident of Dumariya, P.O. - Parasmani, Via - Sarsi, Police Station - Mirganj, District - Purnia. 2.

Dhananjay Kumar, Son of Kameshwar Prasad Singh, Resident of Village - Pachetan, P.O. and Police Station - Asthawan, District - Nalanda. 3.

Dilip Kumar Roy, Son of Rasik Kumar Ray, Resident of Mohalla - New Colony, P.O. and P.S. - Thakurganj, District - Kishanganj. 4.

Dilip Kumar, Son of Madhusudan Mahto, Resident of Village/Mohalla - Hasanpur, Raviganj, P.O. - Meriganj, Police Station - Raniganj, District - Jhariya (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna.

2.

The Director Incharge, Department of Health and Family Welfare, Govt. of Bihar, Patna.

3.

The Director, Tuberculosis Demonstration and Training Center (TBDC) Agam Kuan, Patna.

4.

The Director, Tuberculosis Demonstration and Training Center (TBDC), Darbhanga.

5.

The Civil Surgeon - Cum - Chief Medical Officer, Purnia. 6.

The District Provident Fund Officer, Purnia.

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

For the Petitioner/s :

Mr.Santosh Kumar Verma For the State :

Mr.Ajay Behari Sinha, G.A 8 Mr.Neeraj Raj, AC to GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2023 Mr. Ajay Behari Sinha, learned Advocate appearing for the State has referred to paragraph 8 of the counter affidavit, which reads as follows :

"That with regard to judgment of this Hon'ble Court dated 11/02/2016 passed in CWJC No.20654 of 2010 (Raj Narayan & Ors. Vs. The

Patna High Court CWJC No.3502 of 2022(3) dt.21-09-2023 2/2 State of Bihar & Ors.) it is stated and submitted that the present matter is identical one like CWJC No.20654 of 2010 but the petitioners of CWJC No.20654 of 2010 have been extended benefit of old pension scheme after approval of the Finance Department, Government of Bihar in the light of order of this Hon'ble Court passed in CWJC No.20654 of 2010".

2. He submits that since the specific stand of the authorities is that the petitioners' case is identical to the case of the petitioner of CWJC No.20654 of 2010, the benefits under old pension scheme shall be extended to the petitioners, in accordance with law.

3. In view of the said stand, the petitioners' counsel does not raise any further dispute. He, however, submits that the authority should expedite grant of the benefits

4. This Court would consider it appropriate to grant three months' time to the respondents for extending the benefits.

5. Writ petition is disposed of accordingly.

(Madhuresh Prasad, J) uttam/- U