Patna High CourtL.P.A/1414/2016dismissed

The Union Of India And ANR v. The State Of Bihar And ORS

2016-08-16Justice Smt. Nilu Agrawal,Mr. Justice Navaniti Prasad Singh2 pages

Patna High Court LPA No.1414 of 2016 (4) dt.16-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No 1414 of 2016 ======================================================

1. The Union of India through the Secretary, Ministry of Home, Government of India, South Block, New Delhi.

2. The Under Secretary, Freedom Fighter Division, Home Ministry, Government of India, Lok Nayak Bhawan, Khan Market, New Delhi. .... .... Appellant/s

Versus

1. Umeshwar Prasad Singh @ Umesh Prasad Singh S/o Late Ram Prasad Singh R/o Village - Mounjhouni, P.S. - Rajoun, District - Banka.

2. The State of Bihar.

3. The Secretary, Home Special, Government of Bihar, Old Secretariat, Patna.

4. The Director-cum-Deputy Secretary, Home (Special) Department, Government of Bihar, Patna.

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

For the Appellant/s : Mr S D Sanjay, ASG & Mr Manoj Kumar Singh, CGC For the S t a t e : Mr Anjani Kumar, AAG VI ====================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH And HON'BLE JUSTICE SMT NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) 16-08-2016 This intra-Court appeal has been preferred by the Union of India against the judgment and order dated 22.08.2014 passed by the learned Single Judge in CWJC No 20840 of 2010 (Umeshwar Prasad Singh @ Umesh Prasad Singh -Versus- Union of India & Others). By the said judgment and order, the learned Single Judge set aside the order of the Central Government of the year, 1987 by which the claim of the writ petitioner for grant of

Patna High Court LPA No.1414 of 2016 (4) dt.16-08-2016 Swatantra Senani pension was rejected by the Central Government and the learned Single Judge, taking note of various other facts including the report of the Advisory Committee, further directed the Central Government to reconsider the matter. We see no error or wrong committed by the learned Single Judge in passing the aforesaid order nor any wrong has been brought to our notice at this appellate stage. This appeal, thus, being against an order of remand for fresh consideration, is misconceived and is dismissed as such., (Navaniti Prasad Singh, J) (Nilu Agrawal, J) U M.E.H./-