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Patna High CourtCWJC/5498/2023disposed

Sunil Kumar Suman v. The State Of Bihar

2023-11-08Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5498 of 2023 ====================================================== Sunil Kumar Suman Son of Krishna Bhagat Resident of Village- Beldaur, P.S.- Beldaur, District- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 2.

The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3.

The Engineer-in-Chief-cum- Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

4.

The Joint Secretary (Management Cell), Public Health Engineering Department, Govt. of Bihar, Patna.

5.

The Deputy Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mrs.Minu Kumari, Adv.

For the Respondent/s :

Mr.S. Raza Ahmad, AAG-5 Mr.Vaishwambhar Prasad, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-11-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of a writ in the nature of Mandamus or an appropriate writ/ writs, order/ orders or direction/ directions. commanding the respondents to grant and to extent the benefit of old Pension Scheme and Government Provident Fund instead of contributory pension scheme and contributory provident fund under the New Pension Scheme coming into force w.e.f.

01.09.2005.

(ii) For holding that the petitioner having being appointed in Central Government Service (Indian

Patna High Court CWJC No.5498 of 2023(2) dt.08-11-2023 2/2 Railways) w.e.f. 13.08.1999 and thereafter joined the service of Bihar State Government w.e.f. 08.08.2008 is entitled for grant of old pension scheme and government provident fund and the resolution dated 31.08.2005 issued by the Department of Finance, Patna, Bihar cannot be made applicable in the case of the petitioner."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna, i.e. the respondent no.2 for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed, by the petitioner, before the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The present writ petition stands disposed off. (Mohit Kumar Shah, J) sonal/- U