Sneh Prakash Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8104 of 2023 ====================================================== Sneh Prakash Bharti S/o Binod Kumar, R/o Muhalla-B Area Nehru Lane, Mithapur, P.s.-Jakkanpur, Dist-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 3.

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

4.

The Principal Secretary, Home Dept., Govt. of Bihar, Patna. 5.

The Director General of Police, Government of Bihar, Patna. 6.

The Inspector General of Police, Darbhanga Zone, Darbhanga. 7.

The Senior Superintendent of Police, Darbhanga. 8.

The Chairman, Bihar Public Service Commission, Patna. 9.

The Secretary, Bihar Public Service Commission, Patna. 10.

The Accountant General Bihar, Patna.

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, ADv For the Respondent/s :

Mr.M. Nasrul Huda Khan ( SC 1 ) Mr. Md. Fazle, AC to SC 1 For the BPSC :

Mr.Sanjay Pandey, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ petition is being filed for issuance of appropriate writ/writs in the nature of mandamus, commanding and directing the respondents not to give effect to the new pension scheme as notified in extraordinary Gazette notification bearing no.53104246 dated 18.11.2005 whereby and where under it has been notified that the persons having been

Patna High Court CWJC No.8104 of 2023(2) dt.05-12-2023 2/3 appointed on 01.09.2005 or thereafter shall have to be member of newly contributory fund scheme, treating it to be irrelevant, inoperative and even honest in the case of petitioner also treating then to be legally and validly appointed prior to 01.09.2005 for the application of old pension scheme and notional benefits of continuity, fixation of pay, seniority etc. with effect from the date on which others from they were appointed i.e.02.06.2004 and the service condition as well as for further direction and/or command upon respondents to extend the benefits or judgment order dated 03.04.2018 passed in CWJC No.13797/2016 and/or to pass such any other order/orders for which the petitioner may be found legally entitled to."

2. Having regard to the facts and circumstances of the case as also in view of the liberty sought for by the learned counsel for the petitioner to approach the respondent authorities for redressal of his aforesaid grievances, I deem it fit and proper to grant liberty to the petitioner to file appropriate representation before the Director General of Police, Govt. of Bihar, Patna, annexing such judgements, rendered by this Hon'ble Court, as he deems proper to rely upon and in case such a representation is filed within a period of four weeks from toady, the same shall be considered in accordance with law and disposed of by passing a reasoned and speaking order, in accordance with law, within a period of eight weeks, thereafter.

3. The present writ petition stands disposed off on the

Patna High Court CWJC No.8104 of 2023(2) dt.05-12-2023 3/3 aforesaid terms.

(Mohit Kumar Shah, J) uttam/- U