Kumari Vaishnavi v. Chief Secretary, Government Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10362 of 2020 ====================================================== Kumari Vaishnavi D/o- Sri Umakant Dwivedi Resident of Maurya Vihar Colony, Transport Nagar, P.O.- Bahadurpur Housing Colony, P.S.- Agamkuan, District- Patna- 800026.

... ... Petitioner/s

Versus

1.

Chief Secretary, Government of Bihar Main Secretariat, Patna, Bihar (800015).

2.

Additional Chief Secretary Social Welfare Department, Government of Bihar, Main Secretariat, Patna, Bihar (800015). 3.

Director Social Welfare Department, Government of Bihar, Main Secretariat, Patna, Bihar (800015).

4.

Director Directorate of Empowerment of persons with disabilities, Department of Social Welfare, Government of Bihar, Main Secretariat, Patna, Bihar (800015).

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

For the Petitioner/s :

Mr.Vishal Kumar Singh, Advocate Mr. Deepak Kumar Singh, Advocate For the Respondent/s :

Mr. Dhurjati Kumar Prasad, G.P. 14 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-09-2021 Petitioner has prayed for the following relief(s):

2/6

3/6

4/6 It has come on record through the affidavit filed by Shri Nikhil Anand, Assistant Director, Social Security Directorate, Patna that applications of 23 applicants were processed. Eligible beneficiaries, residing in five districts, namely Patna, Nalanda, Saran, Vaishali and Muzaffarpur, were granted assistance under the various schemes launched by the Government of Bihar, concerning the welfare of the persons with disability, falling within the ambit and scope of the provisions of the Rights of Persons with Disabilities Act, 2016. The financial assistance is disbursed in terms of the Mukhya Mantri Nihshakta Vivah Protsahan Yojna, 2016 as also under the Mukhyamantri Antarjatiya Vivah Protsahan Yojna, 2016 formulated by the State.

5/6 We appreciate the efforts put in by the State, more so its functionaries, i.e. the Director, Social Security Directorate, Social Welfare Department, Government of Bihar, in processing the applications and disbursing the benefits under the Schemes (supra).

Shri Deepak Kumar Singh, learned counsel appearing for the petitioners, fairly states that though with the passage of time the petition may have become infructuous, but however, there is one issue which requires consideration by the State. He wants the lock-in period of three years for entitlement under the scheme to be reduced.

Well, this is a policy decision and at this point in time, more so when we do not find any cogent material on record, rendering the scheme to be manifestly arbitrary or irrational, we are not inclined to address the issue any further save and except, as prayed for, grant liberty to the petitioners to approach the appropriate authorities for reducing the lock-in period as also for other benefits as may be pointed out by the petitioners.

With this observation and liberty, this petition is disposed of.

We appreciate the assistance rendered by Shri

6/6 Deepak Kumar Singh in highlighting the issue and assisting the Court.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 05.10.2021 Transmission Date