Ramjivan Pandit And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8034 of 2016 ====================================================== 1.

Ramjivan Pandit S/o late Ramchandra Pandit Resident of MohallaChankyauri, Machhali Gali, P.S Shashtri Nagar, Dist Panta Bihar. 2.

Ram Pravesh Sharma S/o Shri Parshuram Sharma resident of At- Akauna, PS Bain, District Nalanda, Bihar.

3.

Rabindra kumar Verma S/o late Baleshwar Prasad Singh Resident of AtPOSarkanda, PS Gobindpur, Distt Patna Bihar. 4.

Lalbabu Prasad S/o Shri Ambika Prasad Resident of At- Adama, PS Naubatpur, Distt Patna Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Road Construction Department, Vishwesvaraiya Bhawan, Bailey Road, Patna 2.

Principal Secretary, Finance Department, Old Secretariate, Government of Bihar, Bailey Road, Patna.

3.

Engineer-in-Chief -cum-Special Secretary, Road Construction Department, Visheesvaraiya Bhawan, Bailey Road, Patna 4.

Chief EngineerSouth Mechanical, Road Construction Department, Vishwesvaraiya Bhawan, Bailey Road, 5.

Joint Secretary, Road Construction Department , Vishwesvaraiya, Bhawan, Bailey Road, Patna.

6.

Dy.Secretary , Road Construction Department Vishesvaraiya Bhawan, Bailey Raod, Patna.

7.

The Director, General Provident Fund , Pant Bhawan, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Yashraj Bardhan, Advocate For the State :

Mr.Sanjay Prasad, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That the petitioners beseech indulgence of Hon'ble High Court by preferring this writ petition with a prayer for issuance of

Patna High Court CWJC No.8034 of 2016(2) dt.13-10-2023 2/3 appropriate writ or writs in the nature of mandamus commanding the respondents to treat the service of petitioners in old pension scheme and to continue the GPF accounts which were opened prior to the New Pension Scheme and to grant its consequential benefits including grant of ACP/MACP as per law on account of continuity of service and further for commanding respondents to regularize period of service when they had been compelled to be out of service due to illegal order of the respondents and further for issuance of a writ in the nature of certiorari quashing the Departmental Letter No. 10428 (s), dt.

19/09/2012 whereby it was communicated that a break for period of more than two years cannot be regularized in light of the fact that there was no fault on part of petitioners for the said period of breakage in service and it was only due to the illegal order of the respondents and further the respondents have extended similar benefit to similarly situated persons vide Office Order No. 41, dt. 24/02/2015 issued by the RCD."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the respondent-authorities for redressal of their aforesaid grievances. Liberty so sought is granted.

Patna High Court CWJC No.8034 of 2016(2) dt.13-10-2023 3/3

3. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Saurav/- U