Pankaj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8264 of 2023 ====================================================== Pankaj Kumar Jha Son of Bam Deo Jha, Resident of Village - Parsauni, Police Station - , District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Agriculture Department. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Principal Secretary, Department of General Administrative, Government of Bihar, Patna.

4.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

5.

The Director Agriculture, Agriculture Department, Government of Bihar, Patna.

6.

The District Magistrate, Madhubani.

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Respondent/s :

Mr.Dhurjati Kr. Prasad (Gp14) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For the issuance of writ in the nature of mandamus or any other appropriate writ for commanding the respondent authorities to grant of seniority and to extend the benefit of Old Pension Scheme and Government Provident Fund instead of Contributory Pension Scheme and Contributory Provident Fund to the petitioner and also the benefit in the panel w.e.f the date of recommendation.

(ii) For holding that the petitioner having been appointed pursuant to the proceeding dated

Patna High Court CWJC No.8264 of 2023(2) dt.28-11-2023 2/2 17.08.2004 of the District Level Selection Committee, Madhubani in view of the orders passed in writ and contempt petition by this Hon'ble Court, is entitled for the same benefits as extended to other recommendees including grant of Old Pension Scheme and Government Provident Fund as well as Seniority and the resolution dated 31.08.2005 issued by the Department of Finance, Bihar, Patna cannot be made applicable with respect to the petitioner." 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 6 i.e. the District Magistrate, Madhubani, for redressal of his aforesaid grievances. Liberty, so sought, is granted. 3.

It is needless to state that in case the petitioner approaches the Respondent No. 6, by filing appropriate representation, within a period of four weeks from today, the same shall be disposed off by a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U