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Patna High CourtCWJC/12144/2015disposed

Bashistha Narayan Singh And ANR v. The State Of Bihar And ANR

2022-12-13Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12144 of 2015 ====================================================== 1.

Bashistha Narayan Singh and Anr son of Late Jaleshwar Singh Resident of Village - Nawgain, Police Station - Sangrampur, District - Munger. 2.

Ram Bahadur Singh Son of Late Bhuneshwar Singh Resident of Village - Ratanpura, Police Station - Sangrampur, District - Munger. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Munger.

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Respondent/s :

GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2022 Heard both sides.

2. Learned counsel for the petitioners submit that the petitioners were the part of the J. P. Movement of 1974. The State Government has started a pension scheme for those persons who participated in the J. P. Movement. The name of the pension scheme is J. P. Senani Samman Yojna.

3. The contention of the petitioners is that the petitioners had taken part in the J. P. Movement and were made accused in Sangrampur P.S. Case No. 05/10 of 1974 registered under Sections 143, 188 Indian Penal Code and 69 (iv) of DIR. According to the petitioners they are not being considered for grant of J. P. Senani Samman Yojna Pension by the concerned authorities.

4. On the other hand, learned counsel for the Respondent/State referring to Annexure A & B to the counter affidavit submits that vide letter dated 18.09.2015 and 01.10.2015, the petitioners have been requested to furnish necessary documents/certificates in support of the their claim for pension, but up till now, no documents have been submitted by the petitioners to

Patna High Court CWJC No.12144 of 2015(2) dt.13-12-2022 2/2 the concerned authorities.

5. Having heard learned counsel for the parties and taking into consideration the stand taken by the State in its counter affidavit, the petitioner is directed to furnish the necessary papers/testimonials/documents before the concerned authorities pursuant to Annexures- A and B of the counter affidavit within a period of four weeks.

6. It is made clear that if necessary documents are submitted by the petitioners, the concerned authorities will consider the documents submitted by the petitioners in accordance with law and will take a decision within a further period of three months.

7. It is made clear that if the petitioners are found entitled for pension under the J. P. Senani Samman Yojna Pension Scheme, the amount payable to the petitioners shall be paid within a period of three months from the date of final decision taken by the respondents.

8. With the aforesaid observation and direction, this petition stands disposed of.

(Anil Kumar Sinha, J) perwez/Ashwani U